UC-NRLF 


B    2    fl70    M77 


LIBRARY 

OF  THE 

University  of  California. 

Received ,  igo     . 

Accession  No.   ^  82743    .    CIcl&s  No. 

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--—*v^^^ ■■"'•""  - — -^-^— — ^^ "  "■■ -1 

TERRITORY  OF  NEW  MEXICO.             ' 

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C  O  7V^  P 11- K  T  I  O  IN 

OF   THE 

1  School  Laws  of  New  Mexico  I 

CONTAINING 

i 

1                                            --                                                                                             ; 

!                                                                                                                                         1 

!               Laws  and  Parts  of  Laws  Relating  to               | 

1             •                       Public  Schools. 

j 

i                                                                                                                                                  1 

SANTA  PE,  N.  M.: 

NfW    MF.XrCAN    PRINTTNrt    COMPANY 

1895. 

1       ■                ^                                    -                                        ■         i 

TERRITORY  OF  NEW  MEXICO.     <T 


COTV^PIL-MTION 


OF  THE 


School  Laws  of  New  Mexico 


CONTAINING 


Laws  and  Parts  of  Laws  Relating  to 
Public  Schools. 


^^-ctexjIsieieid  s"2-  xhe  a:E:ieiai'roi5,"2r 


SANTA  PE,  N.  M.: 

Nrw  Mexican  Printing  Compant. 

18M5. 


] 


RAR 

CONTENTS  BY  TITLES 


SESSION  LAWS. 


13S1. 

Chap.  Page 

25.     An  Act  establishing  common  schools  in  the  Territory  of  New  Mexico, 

and  creating  the  office  of  Superintendent  of  Public  Instruction 5 

64.     An  Act  in  relation  to  School  Books 17 

77.  An  Act  to  amend  an  act  entitled  "'An  Act  to  establish  common 
schools  in  the  Territory  of  New  Mexico  and  creating  the  office  of 
Superintendent  of  Public  Instruction,"  approved  Feb.  Uth,  1891.  .  .         18 


1.SS3. 


2.     An  Act  to  amend  chapters  XXV  and  LXXVII   of  the  Acts  of  the 
29th    Legislative  Assembly    and   to  prescribe  the  qualification  of 

voters 25 

6.     An  Act  relating  to  exemption  from  taxation 26 

10.  An  Act  to  amend  section  1,  chapter  XII,  of  the  Laws  of  ]889,  pro- 
viding for  the  qualification  of  justices  of  the  peace,  constables  and 
other  officers 26 

15.     An  Act   legalizing  transfers  of  school  district  property  by   school 

boards  in  the  Territory  of  New  Mexico 27 

19.     An  Act  to  establish  and  provide  maintenance  and  government  of  the 

normal  schools  of  New  Mexico   27 

30.  An  Act  to  amend  section  1,  of  an  act  entitled  "An  Act  repealing  cer- 

tain sections  of  the  gaming  law  and  providing  a  substitute  therefor        30 

31.  An  Act  authorizing  the  faculty  of  St,  Michael's  College,  at  Santa  Fe, 

to  issue  teacher's  diplomas  to  graduates  of  said  college 31 

38.  An  Act  entitled  An  Act  to   adjust   and  settle   certain   outstanding 

school  indebtedness  in    the   different  counties  of  the  Territory  of 
New  Mexico 31 

39.  An  Act  to  provide  for  the  election  of  a  Board  of  Education  in  incor- 

porated towns  not  laid  off  in  wards 33 

50.     An  Act  to  empower  and  enable  the  Territorial  Board  of  Education  to 

organize  and  hold  teachers'  normal  institutes 34 

59.     An  Act  to  amend  section  35  of  chapter  XXV  of  the  Session  Acts  of 

L891,  relating  to  school  funds 35 


82743 


U.  S.  STATUTES. 


Forty-Ninth  Congress;  First  Session. 


CHAPTER  CCCLXII. 


Page 
AN  ACT  TO  Provide  for  the  Study  op  the  Nature  of  Alcoholic  Drinks 
AND  Narcotics,  and  op  their  Effects  upon  the  Human  System,  in  Con- 
nection WITH  the  Several  Divisions  of  the  Subject  of  Physiology 
and  Hygiene,  by  the  Pupils  in  the  Public  Schools  of  the  Terri- 
tories   AND    OF    THE    DISTRICT  OF   COLUMBIA,  AND  IN   THE   MILITARY  AND 

Naval  Academies,  and  Indian  and  Colored  Schools  in  the  Terri- 
tories OF  THE  United  States 36 


SESSION  LAWS  OF  1891. 


CHAPTER  XXV. 


AN  ACT  Establishing  Common  Schools  in  the  Territory  of 
New  Mexico,  and  Creating  the  Office  op  Superintendent 
OF  Public  Instruction. 


Be  it  Enacted  by  the  Legislative  Assembly  of  tJie  Territory  of  New 
Mexico  : 

TERRITORIAL    BOARD    OF    P^DUCATION. 

Section  1.  That  the  Governor,  Superintendent  of  Public  Instruc- 
tion, and  the  president  of  St.  Michael's  College  of  Santa  Pe,  the 
president  of  the  University  at  Albuquerque,  and  the  president  of  the 
Agricultural  College  at  Las  Cruces,  shall  be  and  constitute  the  Ter- 
ritorial Board  of  Education  and  shall  meet  semi-annually  at  the 
office  of  said  superintendent  on  the  first  Monday  of  June  and  De- 
cember of  each  year:  Provided,  That  the  Governor  may  assemble 
the  members  of  said  board  at  any  time  at  his  discretion. 

Sec.  2.  That  the  Governor  shall  be  president  of  said  board  and 
shall  sign  the  journal  of  each  day's  proceedings. 

superintendent  op  public  instruction. 

Sec.  3.  The  office  of  Superintendent  of  Public  Instruction  is 
hereby  created,  and  the  Governor  shall  appoint,  by  and  with  the 
advice  and  consent  of  the  council,  a  duly  qualified  person  to  fill  said 
office,  who  shall  hold  his  office  for  two  years  and  until  his  successor 
is  appointed  and  qualified.  The  Superintendent  of  Public  Instruc- 
tion shall  receive  for  his  salary  the  sum  of  two  thousand  dollars  per 
annum,  payable  quarterly,  on  the  warrant  of  the  Auditor  on  the 
Territorial  Treasurer,  and  also  traveling  expenses,  not  to  exceed  five 
hundred  dollars  per  annum;  the  said  Superintendent  of  Public  In- 
struction shall  be  secretary  of  said  board  and  shall  keep  a  faithful 
and  correct  record  of  its  proceedings  and  shall  keep  the  said  record 
open  at  all  times  for  inspection;  a  copy  of  said  record,  certified  by  the 
secretary  of  the  board,  shall  be  in  all  cases  received  as  evidence  equal 
with  the  original. 

Sec.  4.  That  the  Board  of  Elducation  shall  at  the  semi-annual 
meetings,  apportion  the  Territorial  school  fund  to  the  various  coun- 
ties in  proportion  to  the  number  of  school  children  residing  therein, 
over  five  and  under  twenty-one  years  of  age,  and  shall  certify  such 


Meetings. 


Pro  vino. 


Prehiideut. 


Appoint  llUMlt 


Salary. 


Traveling  ex- 
penses. 


Secretary  board 
of  education. 


Amended  1)\' 
section  l.chai)- 
ter  LXXVII, 
Law!*lS91. 


School  Lairs  of  New  Mexico. 


apportionment  to  the  Territorial  Treasurer;  they  shall  also  certify  to 
the  treasurer  and  school  superintendents  of  each  county  the  amount 
apportioned  to  their  county,  and  the  Territorial  Auditor  shall  draw 
his  order  on  the  Territorial  Treasurer,  in  favor  of  the  county  treasurer 
of  each  county,  for  the  amount  apportioned  to  each  county. 

Sec.  5.     That  the  Superintendent  of  Public  Instruction  shall  be- 


Oath. 


Visits. 


Teachers"  insti- 
tute. 


Archive. 


KecommeiKhi- 
tion  of  text 
books. 


Text  books  not 
be  changed  for 
four  years. 

Blanks    and 
forms. 


Publication    of 
school  laws. 


Annual  report. 


Office. 


fore  entering  upon  the  duties  of  his  offTce  take  and  subscribe  an 
oath,  or  affirmation,  to  support  the  Constitution  of  the  United  States 
and  the  laws  of  the  Territory  of  New  Mexico  and  faithfully  to  dis- 
charge the  duties  of  the  office;  which  oath  or  affirmation  shall  be 
tiled  in  the  office  of  the  Secretary  of  the  Territory. 

Sec.  6.  That  it  shall  be  his  duty  to  visit  each  county  at  least  once 
a  year  and  as  much  oftener  as  consistent  with  the  discharge  of  his 
other  duties,  for  the  purpose  of  holding  a  teachers'  institute  and  of 
awakening  an  interest  in  the  cause  of  education  throughout  the  Ter- 
ritory; such  institute  shall  be  held  for  at  least  two  days  in  each 
county  each  year.  He  shall  tile  and  carefully  preserve  in  his  office 
the  official  reports  made  to  him  by  the  county  superintendents  of 
the  several  counties,  trustees  or  directors  of  academies  or  colleges. 

Sec.  7.  That  it  shall  be  his  duty  to  recommend  the  most  approved 
text  books  in  English,  or  in  English  and  Spanish,  for  the  common 
schools  of  the  Territorj^,  after  the  same  have  been  adopted  by'the 
Territorial  Board  of  Education;  and  such  text  books,  when  adojjted, 
shall  not  be  changed  for  a  period  of  four  years. 

Sec.  8.  That  he  shall  prescribe  and  cause  to  be  prepared  in 
English  and  Spanish  all  forms  and  blanks  necessary  in  the  details 
of  the  common  school  system,  so  us  to  secure  its  uniform  operation 
throughout  the  Territory  and  to  cause  the  same  to  be  forwarded  to 
the  several  county  superintendents,  to  be  by  them  distributed  to  the 
several  persons  entitled  to  receive  the  same.  He  shall  cause  to  be 
published  as  needed  as  many  copies  of  the  school  laws  in  force  with 
such  forms,  regulations  and  instructions  as  he  may  judge  expedient, 
thereto  annexed  and  shall  cause  the  same  to  be  forwarded  to  the 
county  superintendents  for  distribution. 

Sec.  9.  That  he  shall  prepare  in  each  year  a  report  for  publication, 
bearing  date  of  the  last  day  of  December,  containing  a  statement  of 
the  number  of  common  schools  in  the  Territory,  the  number,  age 
and  sex  of  pupils  attending  the  same,  and  the  branches  taught,  and 
value  of  school  property;  also  of  the  number  of  private  and  select 
schools  in  the  Territory,  so  far  as  the  same  can  be  ascertained,  and 
the  number,  age  and  sex  of  pupils  attending  the  same,  and  branches 
taught,  the  number  of  academies  and  colleges  in  the  Territory,  and 
the  number,  age  and  sex  of  students  attending  them,  and  such  other 
matters  of  interest  as  he  may  deem  expedient,  drawn  from  the  re- 
ports of  the  county  superintendents,  trustees  and  school  boards  of 
the  several  counties  in  the  Territory. 

Sec.  10.    That  he  shall  have  an  office  at  the  seat  of  government. 


School  Laws  of  New  Mexico. 


where  shall  be  kept  all  books  and  papers  appertaining  to  the  busi- 
ness of  his  office,  and  copies  of  all  papers  ftled  in  his  office.  His  offi- 
cial acts  may  be  certified  by  him  and  when  so  certified  shall  be  en- 
titled as  evidence  equally  and  in  like  manner  as  the  original  papers, 
and  he  shall  deliver  to  his  successor,  within  ten  days  after  the  expi- 
ration of  his  term,  all  books,  papers,  documents  and  other  property 
belonging  to  his  office. 


Delivery  ot  of- 


fice to  suc- 
cessor. 


COUNTY  SCHOOL  SUPERINTENDE^NTS. 

Sec.  11.  That  a  superintendent  of  schools  for  each  county  shall 
be  elected  at  each  general  election  and  hold  his  office  for  two  years, 
or  until  his  successor  is  elected  and  qualified. 

He  shall  receive  from  the  county  treasurer  the  sum  of  five  dollars 
for  every  day  actually  and  necessarily  employed  in  his  duties,  not  to 
exceed  five  days  in  each  district  each  year;  to  be  audited  and  al- 
lowed by  the  board  of  county  commissioners  upon  statement  of 
account  verified  by  affidavit. 

Sec.  12.  That  the  county  superintendent  shall  have  charge  of  the 
common  school  interests  of  the  county.  He  shall,  before  entering 
upon  the  discharge  of  the  duties  of  his  office,  take  and  subscribe  an 
oath  or  affirmation  to  support  the  constitution  of  the  United  States, 
and  the  laws  of  the  Territory  of  New  Mexico,  and  faithfully  to  dis- 
charge the  duties  of  his  office,  which  oath  or  affirmation  shall  be 
filed  in  the  office  of  the  coui^ty  clerk.  He  shall  also  give  bond  in 
the  sum  of  two  thousand  dollars,  to  be  approved  by  and  filed  with 
the  board  of  county  commissioners  of  his  county. 

Sec.  13.  That  he  shall  also  on  the  first  Mondays  in  July  and  Janu- 
ary of  each  year,  or  as  soon  thereafter  as  he  has  received  the  certifi- 
cate of  the  Territorial  Board  of  Education, 

Signifying  the  amount  appropriated  to  his  county,  for  the  use  of 
common  schools  for  the  current  year,  apportion  such  amount,  to- 
gether with  all  the  county  school  fund,  for  the  same  purpose,  to  the 
several  districts  within  the  county,  in  proportion  to  the  number  of 
children  residing  in  each  over  five  and  under  twenty-one  years  of 
age,  as  the  same  shall  appear  from  the  last  annual  reports  of  the 
clerks  of  the  respective  districts,  and  he  shall  immediately  certify 
such  apportionment  to  the  directors  of  the  respective  districts,  and 
to  the  county  treasurer,  who  shall  credit  the  several  school  districts 
on  his  books  with  the  respective  sums  apportioned  to  them. 

Provided,  That  no  district  shall  be  entitled  to  receive  any  portion 
of  the  common  school  fund  in  which  a  common  school  has  not  been 
taught  at  least  three  months  during  the  twelve  months  preceding. 
It  shall  also  be  his  duty  to  visit  each  of  the  schools  within  his 
jurisdiction  at  least  once  a  year,  and  he  shall  also  see  that  the  annual 
rexjort  of  the  clerks  of  the  several  school  districts  of  his  county  are 
made  correctly  and  in  due  time.  In  conjunction  with  two  competent 
persons  appointed  by  the  judge  of  the  district  court  wherein  the 


Term  of  office 


Amended  by 
section  ;3,ciiap- 
ter  LXXVII, 
Laws  1891. 


Duties. 


Oath. 


Bond. 


Amended  by 
section  i, chap- 
ter LXXVII, 
Laws  1891. 


Apportion- 
ment. 


Proviso. 
No  funds  if 
school  has  not 
been  taught  3 
months. 
Visits. 


Board  of  Ex- 
aminers. 


School  Laws  of  New  Mexico 


Proviso. 
Quorum. 

(iradpp. 
Spanish. 


Pay  of  board  of 
examiners. 

Procedure  for 
forming  new 
scliool  district. 


Annual  report. 


county  is  situated,  he  shall  make  examination  of  all  applicants  to 
teach  and  when  duly  satisfied  of  their  competency  shall  grant  them 
a  certificate. 

HOARD  OF    EXAMINERS. 

Provided,  That  said  superintendent  with  one  of  said  persons  so 
appointed  shall  constitute  a  quorum  of  said  examining  board.  Said 
certificates  shall  be  of  three  grades,  and  such  examination  shall  be 
necessary,  for  the  three  grades  as  the  Territorial  superintendent  shall 
designate,  and  in  school  districts  where  the  only  language  spoken  is 
Spanish  the  teacher  shall  have  a  knowledge  of  both  English  and 
Spanish.  Each  member  of  said  examining  board  shall  receive  five 
dollars  per  diem  and  no  more  for  his  services,  to  be  paid  from  the 
county  school  funds. 

Sec.  14.  That  whenever  a  school  district  shall  be  formed  in  any 
county  the  county  superintendent  shall  within  fifteen  days  there- 
after prepare  and  post  a  notice  of  the  formation  of  such  district, 
describing  its  boundaries  and  stating  the  number  thereof,  and  ap- 
poitning  a  time  and  place  for  the  first  district  meeting,  and  shall  also 
furnish  the  county  clerk  with  the  description  and  boundaries  of  each 
school  district  as  soon  as  practicable  after  the  same  is  formed.  He 
shall  on  or  before  the  fifteenth  day  of  October  of  each  year  make  out 
and  transmit  in  writing  to  the  Territorial  superintendent,  bearing 
date  of  October  1st,  a  report  containing  a  statement  of  the  number 
of  school  districts  in  the  county,  and  the  number,  age  and  sex  of 
children  residing  in  each,  over  five  and  under  twenty-one  years  of 
age,  the  number  of  schools  in  the  county,  the  length  of  time  each 
school  has  been  taught,  the  number,  age  and  sex  of  pupils  attending 
the  same,  the  number  and  sex  of  teachers  employed,  branches  taught, 
and  text  books  used;  the  number  of  private  or  select  schools  or  aca- 
demies in  the  county,  so  far  as  the  same  can  be  ascertained,  the  num- 
ber, age  and  sex  of  pupils  and  teachers  employed,  and  the  branches 
taught  in  each,  the  amount  of  public  money  received  in  each  dis- 
trict, the  amount  of  money  raised  by  taxes  and  paid  for  teachers' 
salaries,  in  addition  to  the  amount  of  public  money  raised  by  tax  or 
otherwise  for  the  purpose  of  purchasing  sites  for  school  buildings, 
repairing  and  furnishing  school  houses,  and  such  other  information 
as  the  Territorial  superintendent  may  desire. 

Sec.  15.  That  every  county  superintendent  who  shall  willfully 
neglect  or  refuse  to  make  and  deliver  to  the  Territorial  Superin- 
tendent his  annual  report  as  required  by  this  act  within  the  time 
limited  therefor  shall  be  liable  on  his  bond  for  the  full  amount  of 
money  lost  to  the  county  by  such  neglect  or  refusal,  with  the  inter- 
est thereon  at  twelve  per  centum  per  annum,  to  be  recovered  by  the 
county  treasurer  in  the  name  of  the  county,  from  the  bondsmen  of 
said  superintendent. 

SCHOOL    DISTRICTS. 

Sec.  16.    That  each  of  the  school  districts  of  the  different  coun- 


Penalty  for  not 
makinj?  report. 


ScJiool  Lmvfi  of  New  Mexico. 


Establishment 
of  school  dis- 
tricts. 

Studies  to  be 
taught. 

Each  school 
district  to  be  a 
body  corporate 


ties  as  now  constituted  is  hereby  declared  to  be  a  school  district, 
until  changed  under  the  provisions  of  this  act,  and  there  shall  be 
established  in  each  district  one  or  more  schools,  in  which  shall  be 
taught  orthography,  reading,  writing,  arithinetic,  geography,  the 
English  language,  gramiuar  and  the  history  of  the  United  States, 

Sec.  17.    That  each  school  district  shall  be  a  body  corporate  by 

the  name  and  style  of  school  district  numVjer of  the  county 

of and  by  such  name 

may  contract  and  be  contracted  with,  sue  and  be  sued,  in  any  of  the 
courts  of  this  Territory  having  competent  jurisdiction;  and  every 
such  district  shall  hold  in  the  corporate  name  of  the  district,  the 
title  of  lands  and  other  property  which  may  be  required  by  said 
district  for  school  purposes. 

Sec.  18.  That  a  new  school  district  may  be  formed,  or  the  bound- 
aries of  any  district  changed,  by  the  county  superintendent,  on 
petition  of  a  majority  of  the  electors  residing  within  the  proposed 
district:  Provided,  however,  that  after  the  boundaries  of  any  dis- 
trict have  been  legally  established  and  bonds  voted,  then  and  in 
that  case  there  shall  be  an  equitable  division  of  the  assets  and 
liabilities  of  the  original  district. 


Formation  of 
new  school  dis- 
tricts (vide  sec. 
14,  vide  sec.  41, 
chap.  25,  Laws 
1891.) 

Proviso.  Divis- 
ion of  assists 
and  liabilities. 


SCHOOL    DIRECTORS. 

Sec.  19.  That  on  the  second  Monday  of  May,  1891,  the  present 
county  school  superintendents  of  the  respective  counties  shall  cause 
to  be  posted  notices  in  at  least  three  public  places  in  each  school  dis- 
trict calling  an  election  to  be  held  for  three  school  directors  of  said 
district,  on  the  first  Monday  in  June  following;  said  election  to  be 
held  by  three  property  holders  in  said  district,  to  be  named  in  said 
notice,  and  after  said  election  is  held  the  three  directors  elected  shall 
hold  office  for  one  year  and  until  their  successors  are  elected  and 
qualified,  and  the  judges  of  election  shall  certify  the  result  to  the 
county  superintendent;  on  the  second  Monday  of  May  of  each  suc- 
ceeding year  the  directors  serving  at  the  time  shall  post  notices  of 
an  election  to  be  held  by  them  on  the  first  Monday  in  June  by  the 
qualified  voters,  for  three  school  directors  whose  term  shall  be  one 
year.  Only  legal  voters,  residing  and  paying  taxes  in  said  district, 
shall  be  qualified  to  vote  at  said  election;  the  votes  shall  be  by  writ- 
ten or  printed  ballots  and  the  election  shall  be  held  between  the 
hours  of  eight  a.  m.  and  five  p.  m.  on  the  first  Monday  of  June  at  the 
public  school  house  or  some  other  convenient  place,  to  be  specified 
in  said  notice;  the  result  of  said  election  shall  be  certified  by  said 
directors  to  the  county  superintendent  and  the  term  of  office  of  said 
directors  shall  begin  on  the  first  Monday  of  July  following  their  elec- 
tion. The  directors  so  elected  shall  take  and  file  with  the  county 
superintendent,  before  the  first  Monday  of  July,  an  oath  that  they 
will  faithfully  perform  the  duties  of  their  office;  said  oath  shall  be 
administered  by  the  judges  holding  the  election  first  provided  for 


Notice  of  elec- 
tion of  school 
director.'*. 


Election  tirst 
Monday  in 
June. 


(Qualification  of 
voters (see  sec- 
tion 2,  chapter 
II.  Laws  1892, 
1893,) 

Hours  of  elec- 
tion. 

Certificate  of 
election. 


Oath  of  school 
directors. 


10 


School  Laivs  of  New  Mexico. 


Election  of 
chairman  and 
clerk. 


Vacancy, 


Duties. 


Powers. 


Teachers" 
waives. 
Tax  levy. 


Estimate  of 
expenses. 


Election  for 
tax  levy. 


Proviso. 
Warrants  not 
t(»  l>e  issued 
in  excess  of  one 
year's  levy,  and 
approved 
school  orders 
to  draw  6  per 
cent,  interest. 
Special  tax  for 
sinking  fund. 


and  at  subsequent  elections  by  the  directors  serving,  and  in  said 
oath  shall  be  set  forth  the  number  of  said  school  districts. 

Sec.  20.  That  five  days  after  their  qualification  the  school  direc- 
tors shall  meet  and  elect  a  chairman  and  a  clerk,  and  two  directors 
shall  constitute  a  quorum,  which  shall  be  competent  to  discharge  all 
the  duties  of  a  full  board.  Should  a  vacancy  occur  from  any  cause, 
notice  shall  be  given  to  the  county  superintendent  by  the  directors 
or  a  director,  and  thereupon  said  county  superintendent  shall  ap- 
point a  director  to  till  such  vacancy  until  the  next  election.  They 
shall  have  the  care  and  the  keeping  of  the  school  house  and  other 
property  belonging  to  the  school  district  and  are  hereby  authorized 
to  open  the  school  house  for  the  use  of  religious,  political,  literary, 
scientific,  mechanical,  agricultural  and  industrial  societies  belong- 
ing in  their  district  for  the  purpose  of  holding  business  or  public 
meetings  of  said  societies. 

Sec.  21.  That  the  school  directors  of  the  several  districts  shall 
have  power  and  are  hereby  required  to  provide  as  soon  as  practi- 
cable school  house  sites,  proper  school  houses,  and  sufficient  fuel  for 
the  schools  established  by  this  act  or  any  prior  act;  they  shall  pay 
teachers'  wages  and  interest  on  school  house  bonds  as  provided  in 
section  22,  and  for  that  purpose  they  are  empowered  to  levy  a  tax 
when  necessary,  not  exceeding  five  mills  on  the  dollar  in  any  one 
year,  on  the  taxable  property  of  their  respective  districts. 

Sec.  22.  It  shall  be  their  duty  to  make  an  estimate  for  such  tax 
levy  on  or  before  the  third  Monday  in  July  of  each  year,  of  the 
amount  of  money  necessary  for  teachers'  wages  for  at  least  six 
months  in  each  year  and  to  purchase  or  lease  suitable  sites  for 
school  houses  and  to  keep  in  repair  and  provide  for  said  school 
houses  with  necessary  fuel  and  furniture,  books  and  stationery,  for 
the  board  and  district  meetings  and  defray  all  other  contingent  ex- 
penses of  the  district,  including  interest  on  school  house  bonds, 
which  tax  levy  shall  be  voted  upon  by  the  qualified  voters  of  said 
district,  and  if  concurred  in  by  a  majority  of  such  said  voters  of 
said  district  it  shall  be  certified  to  by  the  board  of  county  commis- 
sioners of  the  proper  county,  and  if  said  commissioners  decide  such 
election  legale  this  tax  shall  then  be  collected  by  the  sheriff  or  tax 
collector,  as  other  school  taxes  are  now  collected  and  accounted  for. 

Provided,  That  no  board  shall  issue  warrants  or  certificates  of  in- 
debtedness of  the  school  district  in  excess  of  the  amount  of  the  levy 
for  one  year,  but  all  school  orders  shall  draw  six  per  cent,  interest 
per  annum  after  having  been  presented  to  the  county  treasurer  and 
not  paid  for  want  of  funds,  which  fact  shall  be  endorsed  upon  the 
order  by  the  treasurer;  and  they  shall  further  have  power  to  levy  a 
special  tax  not  exceeding  five  mills  on  the  dollar  of  taxable  property, 
for  the  purpose  of  creating  a  sinking  fund  to  pay  off  school  house 
bonds  as  provided  for  in  section  30.     The  directors  of  the  several 


School  Laivs  of  New  Mexico. 


11 


school  districts  shall  also  employ  and  pay  school  teachers  under  the 
restrictions  imposed  by  this  act,  and  shall  have  the  general  control 
and  management  of  the  schools  in  their  respective  districts  subject 
to  such  supervision  as  shall  herein  be  conferred  upon  the  county 
superintendent,  and  the  directors  in  the  several  school  districts  in 
the  Territory  shall,  on  or  before  the  first  day  of  September  of  each 
year,  make  an  enumeration  of  all  unmarried  persons  between  five 
and  twenty-one  years  of  age^  giving  the  names,  ages  and  sex  of  such 
persons  in  full,  and  reporting  the  same  in  writing,  which  shall  be 
signed  by  all  the  directors  to  the  county  superintendent,  within  fif- 
teen days  thereafter.  All  resident  unmarried  persons  between  said 
ages  shall  be  entitled  to  attend  the  schools  of  their  districts.  The 
clerks  of  the  several  school  districts  shall  on  or  before  the  first 
day  of  May  of  each  year  make  a  report  to  the  county  superintendent 
in  writing,  showing  the  amount  of  money  collected  and  expended 
for  school  house  sites,  school  houses,  and  fuel,  interest  on  school 
house  bonds,  contingent  expenses,  and  for  salaries  paid  teachers 
within  the  twelve  months  preceding. 

Any  school  director  who  shall  willfully  refuse  or  fail  to  make  any 
report  or  perform  all  the  duties  required  by  this  section  shall  be 
deemed  guilty  of  a  misdemeanor,  and  on  conviction  before  the  dis- 
trict court  of  the  proper  county  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  or  by  imprisonment  in  the  county 
jail  for  a  period  not  exceeding  sixty  days,  in  the  discretion  of  the 
court. 

TEACHERS. 


Employment 
and  pay  of 
teachers. 
General  contrM 
and  manage- 
ment of 
schools. 


Enumeration. 


Persons  enti- 
tled to  attend 
school. 
Report  of 
clerk. 


Penalties. 


Sec.  23.    That  every  person  employed  to  teach  a  school  established     Record  of 
by  this  act  or  any  act  now  in  force  shall  keep  a  proper  record  and  at 
the  end  of  each  term  make  a  report  to  the  county  superintendent.     Term  rei)ort. 
showing  the  whole  number  of  pupils  that  have  attended  school  dur- 
ing such  term,  giving  the  names,  ages  and  sex,  the  average  daily 
attendance,  the  branches  taught,  and  such  other  facts  as  may  be 
deemed  important,  as  showing  the  character  of  the  school  and  the 
proficiency  of  the  pupils,  and  for  failure  to  make  such  report  he  may     Penalty. 
be  find  in  the  sum  of  not  more  than  fifty  dollars,  upon  conviction 
before  any  justice  of  the  peace.     No  person  shall  be  paid  any  money    Teachers"  pay. 
for  teaching  any  school  established  under  this  act  until  an  order  is 
presented,  signed  by  two  of  the  school  directors  of  the  proper  dis- 
trict, and  endorsed  by  the  county  superintendent. 


SCHOOL  FUND. 

Sec.  24.     That  the  Territorial  Auditor  shall  annually  on  or  before     School  tax. 
the  first  day  of  May  of  each  year  levy  a  tax  not  exceeding  three  mills 
on  the  dollar,  upon  the  taxable  property  of  the  Territory,  and  certify 
the  same  to  the  tax  collectors  of  the  several  counties,  who  shall  col-     Amended  by 
lect  the  same  as  other  taxes  are  collected  and  pay  the  same  to  the     Lav^sTsQi! 


12 


School  Laws  of  New  Mexico. 


How  to  be 
expended. 


Apportionment 
(see  section  I3, 
this  chapter.) 

Bond  of  county 
treasurer. 


Bond  of  Terri- 
torial treasurer 
(Repealed  by 
chapter  77, 
Laws  1891.) 


Territorial 
auditor  to  keep 
separate  ac- 
count of  school 
fund. 

(Amended  by 
chapter  77, 
Laws  1891.) 


Penalty  of  tax 
collector. 


Duty  of  tax 
collector. 


School  districts; 
can  borrow 
money. 

Time  limit  of  . 
school  bonds. 


Interest. 


Territorial  Treasurer.  The  money  thus  received  shall  not  be  ex- 
pended for  any  other  purpose  or  purposes  than  for  paying  the  ex- 
penses on  collecting,  which  shall  not  exceed  two  arid  one-half  per 
centum  on  the  sum  collected,  for  paying  expenses  of  printing  neces- 
sary forms  and  blank  reports  and  school  laws,  the  salary  of  the 
county  Superintendent  of  Public  Instruction  and  the  expenses  of 
his  office,  and  paying  school  teachers.  Said  school  money  when  col- 
lected shall  be  apportioned  to  the  several  counties  as  provided  in 
this  act. 

Sec.  25.  That  the  county  treasurers  shall  severally  give  bond 
with  two  or  more  sureties  as  treasurers  of  the  school  fund  in  their 
respective  counties,  in  a  sum  which  shall  be  fixed  by  the  Superin- 
tendent of  Public  Instruction  at  double  the  probable  amount  of  the 
school  funds  which  shall  come  into  their  hands;  said  bonds  shall  in 
no  case  be  for  a  less  amount  than  ten  thousand  dollars,  and  shall 
be  approved  by  the  county  superintendent  of  the  proper  county  and 
filed  with  the  Superintendent  of  Public  Instruction. 

Sec.  26.  That  the  Territorial  Treasurer  shall  give  bond  as  treas- 
urer of  the  school  fund  of  the  Territory  in  the  sum  of  one  hundred 
thousand  dollars,  with  such  sureties  as  shall  be  approved  by  the 
Governor,  which  bond  shall  be  filed  with  the  Superintendent  of 
Public  Instruction,  and  legal  proceedings  for  the  recovery  thereof 
shall  be  in  the  name  of  the  Territory  of  New  Mexico,  and  the  So- 
licitor General  of  the  Territory  of  New  Mexico  shall  prosecute 
suits  on  the  said  bond. 

Sec.  27.  That  the  Territorial  Auditor  shall  keep  a  separate  ac- 
count of  the  school  fund,  with  each  collector  of  taxes,  and  the  Ter- 
ritorial Treasurer  shall  keep  such  funds  separate  from  all  others. 
Any  tax  collector  who  shall  fail  to  pay  over  all  school  money  col- 
lected by  him  within  thirty  days  after  the  tenth  day  of  each  month 
in  which  the  same  is  collected  shall  be  summarily  removed  by  the 
Governor  from  the  office  of  collector.  If  the  tax  collector  be  also 
sheriff  such  delinquent  shall  also  be  removed  from  the  office  of 
sheriff,  and  forever  thereafter  be  disqualified  from  holding  either  of 
said  offices,  and  the  Governor  shall  appoint  a  successor,  who  shall 
qualify  according  to  law,  and  who  shall  hold  his  office  during  the 
balance  of  the  time  of  the  officer  removed.  It  shall  also  be  the  duty 
of  the  collector  of  taxes  to  keep  the  accounts  of  special  taxes  levied 
by  school  districts  in  separate  books  provided  for  that  purpose. 

Sec.  28.  That  school  districts  shall  have  power  and  authority  to 
borrow  money  for  the  purpose  of  erecting  and  completing  school 
houses  by  issuing  negotiable  bonds  of  the  district,  to  run  any  period 
of  not  less  than  twenty  years,  nor  exceeding  thirty  years,  drawing 
interest  at  a  rate  of  not  to  exceed  six  per  centum  per  annum,  with 
interest  payable  semi-annually,  or  annually,  at  such  place  as  the 
board  of  directors  issuing  the  same  may  direct,  which  said  indebted- 


School  Lau\s  of  Neni  Mexico. 


13 


Limit  of 
indebtedne> 


lionds  to  bu 
!<iibmittedat 
annual  or 
ispecial  meet- 
ings to  voter!- 


ness  shall  be  binding  and  obligatory  on  the  school  districts  for  the 
use  of  which  said  loan  shall  be  made;  but  no  district  shall  permit  a 
greater  outstanding  indebtedness  than  an  amount  equal  to  four  per 
centum  of  the  assessed  value  of  the  property  of  the  district. 

Sec.  29.  That  the  directors  of  any  school  district  may  submit  to 
the  voters  of  their  district  at  the  annual  or  any  special  meeting  called 
for  that  purpose,  the  question  of  issuing  bonds  as  contemplated  by 
this  act.  giving  the  same  notice  of  such  meeting  as  is  now  required 
to  be  given  for  the  election  of  directors  by  this  act,  and  the  amount 
proposed  to  be  raised  by  the  sale  of  such  bonds,  which  question  shall 
be  voted  upon  by  the  qualified  electors  of  the  district,  and  if  a  ma- 
jority of  all  the  votes  cast  upon  that  question  be  in  favor  of  the  issue 
of  such  bonds,  then  said  board  shall  issue  bonds  to  the  amount 
voted,  in  denominations  of  not  less  than  twenty-live  dollars  nor  ex- 
ceeding five  hundred  dollars,  due  not  less  than  twenty,  nor  more  than 
thirty  years,  after  date,  and  redeemable  at  the  pleasure  of  the  district 
at  any  time  after  ten  years,  which  said  bonds  shall  be  given  in  the 
name  of  the  district  issuing  them,  and  shall  be  signed  by  the  ijresi- 
dent  of  the  board  of  directors  and  approved  by  the  county  superinten- 
dent and  be  delivered  to  the  county  treasurer,  taking  his  receipt 
therefor,  and  said  county  treasurer  shall  advertise  for  the  sale  of  said 
bonds  to  the  highest  bidder  in  at  least  four  issues  of  some  weekly 
paper  published  in  his  county,  or  an  adjoining  county,  and  shall  coun- 
tersign said  bonds  when  negotiated.  The  county  treasurer  shall  j)lace 
the  proceeds  of  such  sale  of  bonds  to  the  credit  of  the  jjroper  district, 
to  be  paid  out  as  provided  for  in  the  matter  of  special  district  tax. 
The  county  treasurer  shall  stand  charged  upon  his  official  bond  with 
all  bonds  that  may  be  delivered  to  him,  but  any  bond  or  bonds  not 
sold  may  be  returned  to  the  district  and  the  treasurer  credited  with 
the  same: 

Provided,  That  if  such  bonds  are  issued  for  the  building  of  a 
school  house,  that  the  contractor  constructing  the  same  may  eeceive 
in  payment  such  bonds  at  their  face  value,  or  at  the  price  offered  by 
the  highest  bidder:  Provided  further.  That  none  of  the  bonds  men- 
tioned in  this  act  shall  be  sold  for  less  than  90  cents  on  the  dollar. 

Sec.  30.  That  a  special  levy,  not  to  exceed  five  mills,  may  be 
levied  by  the  district  board  as  is  provided  for  the  general  expense 
five  mills  levy  of  section  22,  to  be  used  as  a  sinking  fund  for  the  pay- 
ment of  outstanding  bonds: 

Provided,  No  levy  shall  be  made  for  the  creation  of  a  sinking  fund 
at  a  less  period  than  ten  years  after  such  bonds  have  been  issued. 
The  sinking  fund  may  be  applied  by  the  directors  to  the  purchase 
and  cancellation  of  outstanding  bonds  of  the  district. 

Sec.  31.  All  property,  personal  and  real,  situated  in  each  school 
district  shall  be  subject  to  the  general  three  mills  levy,  and  also  to 
the  sinking  fund  bond  levy,  and  also  to  the  five  mills  special  levy. 


Denomination 
and  time  limit 
of  bonds. 


Form  of  bonds 


Advertisement 
and  sale  of 
bonds. 


Proceeds  of 
sale  of  bonds. 


Bonds  not  sold 
to  be  returned 
to  district. 


Proviso. 
Buildinsr  bonds; 


Proviso. 
Lowest  selling 
price  of  bonds. 

Special  levy 
for  sinking 
fund. 


Proviso. 

Time  limit. 
Application  of 
sinking  fund. 


Levy  for 
school  pur- 
poses. 


14 


School  Laws  of  New  Mexico. 


Amended  by 
section  5,  chap- 
ter LXX  VI  I, 
Law8  1891. 
Bonds  only  to 
be  issued  when 
boundaries   are 
established. 

See  following 
section  33. 


Appointment 
by  county  com- 
missioners. 


Duties. 


Pay. 


For  the  purpose  of  this  act,  and  no  further,  the  exemption  laws 
heretofore  and  now  in  force  in  this  Territory  are  hereby  repealed. 

Sec.  32.  That  no  bonds  of  any  district  shall  be  issued  or  any 
special  tax  levied  until  the  boundaries  of  said  districts  shall  have 
been  established  and  the  property  marked  by  monuments  or  by 
natural  objects  as  provided  by  law.  The  boundaries  of  all  school 
districts  in  this  Territory,  so  far  as  possible,  shall  coincide  with  the 
precinct  boundaries,  and  said  boundaries  shall  be  established  by  the 
proper  authority  and  the  corners  thereof  marked  by  monuments  or 
natural  objects  with  the  words  district  number in  a  per- 
manent manner  marked  upon  them,  and  an  outline  map  of  the  dis- 
trict made  showing  the  length  and  breadth  thereof,  and  the  proposed 
location  of  the  school  house;  a  copy  of  the  said  map  to  be  tiled  with 
the  county  superintendent. 

BOARD  OF  BOUNDARY  COMMISSION. 

Sec.  33.  That  the  county  superintendent,  the  president  of  the 
school  district,  and  some  competent  person,  the  county  surveyor 
should  there  be  one  appointed  by  the  county  commissioners,  shall 
constitute  the  board,  whose  duty  it  shall  be  to  establish  corners, 
boundary  lines,  and  draw  the  map  contemplated  in  section  32  of 
this  act;  the  expense  of  such  proceeding  to  be  charged  to  the  county 
wherein  the  district  is  situated  and  to  be  allowed  by  the  board  of 
county  commissioners  thereof  and  not  to  exceed  the  sura  of  ten  dol- 
lars for  each  district. 

ASSESSMENT. 


County  as- 
sessor to  make 
same  on  special 
tax  levy. 


Copy  of  lists  of 

taxable 

property. 


Sec.  34.  That  in  any  school  district  where  a  special  taxis  in  con- 
templation of  being  levied,  or  of  bonds  being  issued,  and  after  the 
boundaries  of  the  district  have  been  properly  determined  and  marked 
for  that  purpose,  it  shall  be  the  duty  of  the  county  assessor  to  visit 
said  district  and  make  an  assessment  of  all  taxable  property,  both 
personal  and  real,  within  said  school  district,  as  fully  and  completely 
as  he  is  now  required  to  make  the  assessment  of  the  county,  and  he 
shall  be  governed  by  the  same  rules,  especially  including  in  such  as- 
sessment all  kinds  of  live  stock  which  graze  wholly  within  the  limits 
of  such  district.  The  county  assessor  shall  provide  each  board  of  dis- 
trict directors  with  a  copy  of  such  lists  of  taxable  property,  in  the 
several  districts. 

TEMPORARY  FUNDS. 

Sec.  35.  That  the  following  are  hereby  declared  to  be  and  remain 
temporary  funds  for  common  school  purposes: 

First.  The  proceeds  of  all  sales  of  intestate  estates  which  escheat 
to  the  Territory. 

Second.  All  forfeitures  or  recoveries  on  bonds  of  county,  precinct 
or  Territorial  school  officers. 

Third.  The  proceeds  of  all  tines  collected  for  violation  of  the 
penal  laws. 


School  Laws  of  New  Mexico. 


15 


Fourth.    The  proceeds  of  the  sales  of  lost  goods  or  estrays. 

Fifth.  All  moneys  arising  from  licenses  imposed  upon  wholesale 
and  retail  liquor  dealers,  distillers,  breweries,  wine-presses,  gambling 
tables  or  games  of  chance,  which  now  pay  license  or  may  hereafter  be 
required  to  pay  license. 

All  the  moneys  arising  from  the  above  enumerated  sources  when 
collected,  shall  be  paid  into  the  county  treasury  to  the  account  of 
the  several  school  districts,  wherein  such  sums  are  collected,  officers 
collecting  and  paying  in  the  same  taking  the  county  treasurer's  re- 
ceipt therefor.  Should  there  be  more  than  one  school  district  in 
any  precinct,  said  amount  collected  shall  be  divided  among  the 
several  school  districts  pro  rata,  according  to  the  scholastic  census 
of  said  district,  as  furnished  to  the  county  school  superintendent  for 
the  current  year. 


POLL  TAX. 

Sec.  36.  That  a  poll  tax  of  one  dollar  shall  be  levied  upon  all  able 
bodied  male  persons  over  the  age  of  twenty-one  years  for  school 
purposes.  It  shall  be  the  duty  of  the  county  assessor  to  make  out 
separate  lists  of  all  persons  liable  to  pay  a  poll  tax  in  each  district 
and  certify  the  same  to  the  clerks  of  the  several  school  districts, 
whose  duty  it  shall  be  to  collect  the  same,  and  said  clerks  shall  re- 
ceive ten  per  centum  of  all  moneys  collected  from  poll  taxes.  The 
district  clerks  are  hereby  empowered  to  bring  suit  in  the  name  of 
the  district  for  the  collection  of  the  same,  if  not  paid  within  sixty 
days  after  said  lists  have  been  received  by  the  treasurer. 

Provided,  It  shall  be  illegal  for  any  person  to  vote  at  any  election 
who  has  not  paid  his  poll  tax  for  the  current  year,  and  said  payment 
must  be  made  in  case  of  a  general  election  one  day  previous  to  such 
election  day. 

Sec.  37.  That  it  shall  be  the  duty  of  the  district  clerks  to  make 
at  least  one  copy  of  the  poll  tax  lists  as  soon  as  received  from  the 
county  assessor  and  post  them  up  in  some  conspicuous  place  in  their 
districts  for  the  information  of  the  people,  and  on  or  before  the  first 
Monday  of  April  the  district  clerks  shall  report  to  the  county  super- 
intendent in  writing  the  amount  of  poll  tax  collected,  from  whom 
collected,  the  names  of  persons  still  delinquent,  and  the  reason  for 
the  delinquency. 

Sec.  38.  That  on  and  after  this  act  goes  into  effect  it  shall  be  the 
duty  of  the  county  assessor  to  make  separate  rolls  of  the  poll  tax 
list  for  the  several  school  districts,  and  the  said  poll  tax  shall  be  col- 
lected as  provided  by  this  act. 

REAL    ESTATE    OF   SCHOOLS. 

Sec.  39.  That  it  shall  be  lawful  for  any  district  to  take  and  hold 
in  its  corporate  name,  under  the  provisions  of  this  act,  so  much  real 
estate  as  may  be  necessary  for  the  location  and  construction  of  a 
school  house  and  convenient  schools. 

Provided,  That  the  real  estate  so  taken  otherwise  than  by  consent 
of  the  owner  shall  not  exceed  one  acre.  The  site  so  taken  must  be 
situated  on  some  public  highway  or  thoroughfare. 


Amended  by 
section  1, chap- 
ter LTX,   Laws 
1892-3. 


County  as- 
sessor to  make 
poH  tax  lists. 
(See  sec.  38, 
this  chapter.) 

Glerk  of  school 
district  to  col- 
lect tax  and 
brin":  suit. 


Proviso. 

Amended  by 
section  2, 
chapter  II,Se8- 
sion  Laws  1893. 
School  district 
clerks  to  make 
copyof  poll  tax 
lists  and  post 
same. 

District  clerks 
report  on  poll 
tax. 


County  as- 
sessor to  make 
separate  lists. 
(See  sec.  36, 
this  chapter.) 


School  dist'cts 
can  take  and 
hold  property. 


Proviso. 


Site  not  to  ex- 
ceed one  acre. 


10 


ScJiooJ  Lnwfi  of  Neir  Mexico. 


Title  by  con- 
demnation. 


Sec.  40.  That  if  the  owner  of  any  such  real  estate  refuse  or  neg- 
lect to  grant  the  necessary  site  on  his  premises,  then  and  in  that 
case  the  directors  may  acquire  title  to  so  much  of  said  land  as  is 
necessary  for  school  purposes  in  the  manner  now  provided  by  law  for 
the  condemnation  of  land  for  railroads  or  other  public  purposes,  and 
such  land  so  taken  shall  be  deemed  to  be  taken  for  public  use. 


Contifruous 
commnnitiep 
may  form 
.school  districts 

Proviso. 

Certificate  of 
enumeration. 


FORMATION    OF    SCHOOL    DISTRICTS. 

Sec.  41.  That  it  shall  be  lawful  for  communities  where  lying  con- 
tiguous in  the  same  county,  though  in  different  precincts,  to  form 
school  districts  according  to  the  provisions  of  this  act. 

Provided,  That  in  such  cases  it  shall  be  the  duty  of  five  of  said 
petitioners  to  certify  under  oath  the  number  of  heads  of  families  and 
children  of  school  age  belonging  to  the  several  parts  or  precincts 
sought  to  be  joined  in  the  new  district. 


Tlireemontlis 

term. 

Ape  8-1  (>  years. 

Penalty. 


Proviso. 

School  direc- 
tors to  ofive 
•written  notice. 


Proviso. 
Poor  children 
to  be  provided 
with  books. 


School  to  be 
within  two 
miles  of  resi- 
dence. 


Disposal 
fines. 


No  time  of  resi- 
dence required. 


COMPULSORY    ATTENDANCE. 

Sec.  42.  That  the  school  directors  of  the  various  districts  in  this 
Territory  are  hereby  empowered  and  required  to  compel  parents, 
guardians,  or  other  persons  having  the  control,  care  or  direction  of 
children,  when  such  children  do  not  attend  some  private  school,  to 
send  such  children  under  their  control  to  the  public  school  for  at 
least  three  months  in  each  year,  except  when  such  children  shall  be 
under  eight  or  above  sixteen  years  of  age,  or  of  such  physical  dis- 
ability as  to  unfit  them  for  the  labor  required,  which  disability  shall 
be  certified  to  by  some  regular  practicing  physician.  Any  parent, 
guardian,  or  other  person  having  the  control  of  children  who  shall 
fail  or  refuse  to  send  such  children  to  school  as  required  by  this  act 
shall  be  punished  upon  conviction  thereof  by  a  fine  of  not  less  than 
one  dollar  nor  more  than  twenty-five  dollars,  or  by  imprisonment  for 
not  more  than  ten  days  in  any  county  jail. 

Provided.  That  such  school  director  shall  have  served  written  no- 
tice upon  said  parents,  guardians  or  other  persons  having  the  care 
and  control  of  said  children  that  such  children  are  not  in  attendance 
at  the  public  school  or  any  other  school  as  required  by  law:  Pro- 
vided,  further,  That  if  such  parent  or  guardian  is  not  able  by  rea- 
son of  poverty  to  buy  books  for  any  such  child,  it  shall  be  the  duty 
of  the  school  board  of  the  proper  district,  ui)onthe  facts  being  shown 
to  their  satisfaction,  to  furnish  the  necessary  books  and  pay  for  the 
same  out  of  the  school  fund  of  such  district  by  warrants  drawn  as  in 
other  cases;  or  that  there  is  no  school  taught  within  two  miles  of 
the  place  of  residence  of  such  child  by  the  nearest  established  road. 

All  fines  so  collected  from  the  violation  of  this  section  shall  be 
paid  into  the  county  treasury  and  placed  to  the  credit  of  the  school 
district  in  which  the  offense  occurred. 

Sec,  43.    That  pupils  who  are  actual  residents  of  a  district  shall  be 


School  Lawfi  of  New  Mexico. 


17 


permitted  to  attend  school  in  the  same,  regardless  of  the  time  when 
they  acquire  such  residence,  whether  before  or  after  theenumeration. 

LENGTH  OP  SCHOOL  MONTH  AND  SCHOOL  DAY. 


Sec.  44.  That  the  school  month  shall  consist  of  four  weeks  of  five 
days  each,  and  a  school  day  shall  consist  of  six  hours. 

Sjcc.  45.  That  all  laws  and  parts  of  laws  providing  for  the  levy 
and  collection  of  taxes  for  school  purposes  and  all  laws  and  ijarts  of 
laws  relating  to  public  schools  in  the  Territory  of  New  Mexico  for 
the  expenditure  of  money  for  the  public  schools,  are  hereby  repealed, 
and  this  act  shall  take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved  February  12,  1891. 


Rppeal  of 
former  laws. 


CHAPTER  LXIV. 


AN  ACT  IN  Relation  to  School  Book? 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico : 


school   books. 


Section  1.  The  Board  of  Education  of  the  Territory  of  New 
Mexico  shall  have  and  is  hereby  vested  with  full  power  to  adopt  a 
system  of  school  books  for  the  use  of  the  public  schools  of  this  Ter- 
ritory, and  only  the  school  books  so  adopted  by  the  said  board  shall 
be  used  in  any  and  all  of  the  public  schools  in  this  Territory.  The 
Board  of  Education  shall  have  power  to  contract  with  the  publisher 
or  publishers  of  text  books  adopted  for  use  in  the  public  schools  in 
New  Mexico  in  the  name  of  the  Territory  and  through  the  Superin- 
tendent of  Public  Instruction  for  the  purchase  and  delivery  of  said 
books  under  such  regulations  as  the  board  may  adopt. 

Sec.  2.  The  books  purchased  in  the  name  of  the  Territory  shall 
be  sold  to  the  several  counties  for  cash  only,  at  cost  and  freight  added 
and  additional  five  per  centum  of  amount  of  cost  and  freight,  to 
cover  necessary  expenses;  on  the  tenth  of  each  month  accounts  of 
books  purchased  and  sold  shall  be  settled  by  the  Superintendent  of 
Public  Instruction;  the  text  books  shall  be  supplied  by  the  pub- 
lisher or  publishers  in  quantities  on  the  order  of  the  Superinten- 
dent of  Public  Education  of  the  Territory  and  on  the  first  day  of 
March  and  of  September  of  each  year  a  full  settlement  shall  be  had 
between  the  Territory  and  the  contractors  and  a  full  report  thereof 
shall  be  submitted  to  the  Board  of  Education  of  all  matters  con- 
nected with  the  purchase  of  text  books  by  the  Superintendent  of 
Education. 


Power  of 
Board  of  Edu- 
cation. 


Contract  to 
be  made  by 
Territoria? 
Board  of  Edu- 
cation. 


Books  to  be 
sold  for  cash 
only. 


Monthly  set- 
tlement of  ac- 
counts. 


Supply, 


Report. 


18 


School  Laws  of  Neiv  Mexico. 


Text  books  not 
be  changed  be- 
fore end  of 
four  j-ears. 


Books  to  be 
prescribed  by 
Territorial 
Board  of 
Edncation. 


'enalties. 


Sec.  3.  Text  books  once  adopted  shall  not  be  changed  for  four 
years  and  the  first  contract  for  same  shall  be  entered  into  between 
the  publishers  and  the  Territory  on  the  Hrst  day  of  September,  1891, 
or  as  soon  thereafter  as  possible. 

Sec.  4.  The  Board  of  Education  of  the  Territory  of  New  Mexico 
is  hereby  vested  with  exclusive  power  in  the  matter  of  prescribing 
the  text  books  necessary  and  to  be  used  in  the  jiublic  schools  of  this 
Territory,  and  any  school  teacher,  school  director  or  any  county 
school  superintendent  violating  the  regulations  and  rules  of  the 
Board  of  Education  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  fined  for  each  and  every  offense,  and  upon  conviction  in  a 
court  of  competent  jurisdiction,  in  a  sum  not  less  than  ten  dollars 
nor  more  than  one  hundred  dollars  for  each  and  every  offense. 

Sec.  5.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage,  and  all  acts  and  parts  of  acts  in  conflict  therewith  are 
hereby  repealed. 

Approved  Feb.  26, 1891. 


CHAPTER  LXXVII. 


General  school 
fund  to  be 
paid  to  county 
treasurers. 
(Amends  sec. 
4,  chapter  2.5, 
Laws  1890-91.) 
Apportion- 
ment. 

(Amends  sec. 
13,  chapter  '2.5, 
Laws  1890-91.) 


Payment  of 
expenses. 


AN  ACT  TO  AMEND  An  Act  Entitled  "An  Act  to  Establish  Com- 
mon Schools  in  the  Territory  of  New  Mexico  and  Creating 
the  Office  of  Superintendent  of  Public  Instruction,"  Ap- 
proved February  11,  1891. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  Neiv 

Mexico : 

school  fund. 

Section  1.  That  the  school  fund  derived  from  the  general  levy 
of  three  mills  on  the  dollar  of  taxable  property  shall  be  paid  directly 
by  the  several  collectors  to  the  treasurers  of  their  respective  coun- 
ties to  the  credit  of  the  county  school  funds,  and  shall  be  appor- 
tioned as  now  provided  by  law,  together  with  all  the  county  school 
fund  by  the  county  superintendent  of  schools,  on  the  first  Mondays 
in  January,  April,  July  and  October. 

TERRITORIAL    BOARD    OF    EDUCATION. 

Sec.  2.  The  actual  necessary  expenses  of  the  members  of  the 
Board  of  Education  incurred  in  attending  the  meetings  thereof  shall 
be  audited  by  the  Auditor  of  the  Territory,  and  paid  out  of  any 
school  funds  in  the  Territorial  Treasury. 

SALARY    OF    COUNTY     SCHOOL    SUPERINTENDENTS. 

Sec.  3.  County  superintendents  hereafter  elected  shall  receive 
pay  for  their  services  and  expenses  as  follows:     In  counties  having 


School  Lmvs  of  New  Mexico. 


19 


fifteen  school  districts  or  less,  two  hundred  and  fifty  dollars  per  an- 
num; in  counties  having  more  than  fifteen  school  districts  but  not 
more  than  twenty  five,  five  hundred  dollars  per  annum;  in  counties 
having  more  than  twenty-five  school  districts,  but  not  more  than 
thirty-five,  seven  hundred  and  fifty  dollars  per  annum;  in  counties 
having  more  than  thirty-five  school  districts  and  not  more  than 
forty-five,  one  thousand  dollars  per  annum;  in  counties  having  more 
than  forty-five  school  districts  and  not  more  than  fifty-five,  twelve 
hundred  and  fifty  dollars  per  annum;  in  counties  having  more  than 
fifty -five  school  districts  and  not  more  than  sixty-five,  fifteen  hundred 
dollars  per  annum;  in  counties  having  more  than  sixty-five  school 
districts,  seventeen  hundred  and  fifty  dollars  per  annum;  to  be  paid 
out  of  the  school  funds  of  the  respective  counties,  and  payable  quar- 
terly upon  the  order  of  the  county  commissioners  upon  the  county 
treasurer. 

Provided,  That  such  compensation  shall  be  made  according  to  the 
number  of  school  districts  as  they  exist  at  the  commencement  of  the 
terms  of  office  of  the  several  superintendents. 

Sec.  4.  That  it  shall  be  illegal  for  any  person  to  vote  or  attempt 
to  vote  at  any  election  who  has  not  paid  his  poll  tax  for  the  current 
year,  and  said  payment  must  be  made  in  case  of  a  general  election, 
at  least  sixty  days  previous  to  such  election  day. 

EXEMPTION    OF    TAXATION. 

Sec.  5.  That  the  following  classes  of  property  shall  be  exempt 
from  taxation  for  school  purposes: 

Property  of  the  United  States,  of  this  Territory,  of  counties,  cities, 
towns  and  other  municipal  corporations  when  devoted  entirely  to 
public  use,  and  not  held  for  pecuniary  profits,  all  public  libraries, 
the  grounds,  buildings,  books,  papers  and  apparatus  of  literary,  scien- 
tific, benevolent,  agricultural  and  religious  institutions,  and  societies 
devoted  exclusively  to  the  appropriate  object  of  those  institutions, 
and  not  leased  or  otherwise  used  with  a  view  to  pecuniary  profit,  and 
cemeteries  not  held  for  pecuniary  profit. 

Provided,  That  mines  and  mining  claims  shall  pay  a  tax  upon  the 
net  product  and  upon  the  surface  improvement  only. 

SCHOOLS    OF    INCORPORATED    CITIES    AND    TOWNS. 

Sec.  6.  All  cities  and  towns  now  organized  by  virtue  of  the  au- 
thority of  former  acts,  and  all  cities  and  towns  hereafter  organized 
under  any  law  of  this  Territory  shall  be  governed  by  the  provisions 
of  this  act. 

Sec.  7.  In  each  city  or  town  governed  by  this  act  there  shall  be 
established  and  maintained  a  system  of  free  common  schools,  which 
shall  be  kept  open  no  less  than  three  nor  more  than  ten  months  in 
any  one  year,  and  shall  be  free  to  all  children  residing  in  such  city  or 
town  between  the  ages  of  five  and  twenty  years.     But  the  Board  of 


Amendn  sec. 
11,  chapter 
XXV,  Laws 
189001. 


Amended  by 
seciion  1, chap- 
ter II,  Laws 
1893-4. 


Amendt<  la.st 
part  of  section 
31,  chapter 
XXV,  Laws 
1890-91. 
!See  section  1, 
chapter  VI, 
Laws  189-^3. 


Proviso. 

Tax  on  mines. 


Free  city- 
schools  and 
length  of  term. 


20 


School  Laics  of  New  Mexico. 


Children  be- 
tween 5  and  7 
years. 

Territory  be- 
yond city  lim- 
its may  be  at- 
tached for 
school  pur- 
poses. 
Procedure. 


Equal  taxation. 


Outside  terri- 
tory attached, 
to  elect  mem- 
bers of  Board 
of  Education. 


City  schools  to 
be  bodies  cor- 
porate. 


Conveyance  of 
property  to 
Board  of  Edu- 
cation. 


Procedure  of 
conveyances. 


Education  mly  when  school  room  accommodations  are  insufficient 
exclude  for  the  time  being  children  between  the  ages  of  five  and  seven 
years. 

Sec.  8.  Territory  outside  the  city  limits,  but  adjacent  thereto, 
may  be  attached  to  such  city  or  town  for  school  purposes  upon  ap- 
plication to  the  Board  of  Education  of  such  city  or  town  by  a  ma- 
jority of  the  electors  of  such  adjacent  territory,  and  upon  such  ap- 
l)lication  being  made  to  the  Board  of  Education,  they  shall  if  they 
deem  it  proper  and  to  the  best  interests  of  the  school  of  said  city  or 
town  and  the  territory  seeking  to  be  attached,  issue  an  order  attach- 
ing such  territory  to  such  city  or  town  for  school  purposes,  and  to 
enter  the  same  upon  their  journal,  and  such  territory  shall  from  the 
date  of  such  order  be  and  compose  a  part  of  such  city  or  town  for 
school  purposes  only,  and  the  taxable  projierty  of  such  adjacent  ter- 
ritory shall  be  subject  to  taxation  and  shall  bear  its  full  proportion 
of  all  expenses  incurred  in  the  erection  of  school  buildings  and  in 
maintaining  the  schools  of  such  city  or  town. 

Whenever  the  territory  so  attached  shall  have  attained  a  popula- 
tion equal  to  that  of  any  ward  of  such  city  or  town,  or  whenever  the 
taxable  property  of  such  attached  territory  shall  equal  that  of  any  one 
ward  of  such  city  or  town,  such  attached  territory  shall  be  entitled 
to  elect  two  members  of  the  Board  of  Education,  who  shall  be 
elected  at  the  same  time  that  other  members  of  the  board  are  elected 
by  the  qualified  electors  of  such  territory,  at  an  election  to  be  held 
at  such  place  as  the  Board  of  Education  may  designate. 

Sec.  9.  The  public  schools  of  each  city  organized  in  pursuance  of 
this  act  shall  be  a  body  corporate  and  shall  possess  the  usual  powers 
of  a  corporation  for  public  purposes  by  the  name  and  style  of  the 

"Board  of  Education  of  the  city  (or  town)  of 

of  the  Territory  of  New  Mexico,''  and  in  that  name  may  sue  or  be 
sued  and  be  capable  of  contracting  and  being  contracted  with,  of 
holding  and  conveying  such  real  and  personal  estate  as  it  may  come 
into  possession  of,  by  will  or  otherwise,  or  as  is  authorized  to  be  pur- 
chased by  the  provisions  of  this  act. 

Sec.  10.  Any  city  or  town  is  hereby  authorized  and  required  upon 
the  request  of  the  Board  of  Education  of  such  city  or  town,  to  con- 
vey to  said  Board  of  Education  all  property  within  the  limits  of  any 
such  city  or  town,  heretofore  purchased  by  any  such  city  or  town 
for  school  purposes,  and  now  held  and  used  for  such  purpose,  the 
title  to  which  is  vested  in  any  such  city  or  town. 

Sec.  11.  All  conveyances  for  the  property  mentioned  in  the  pre- 
ceding section,  shall  be  signed  by  the  mayor,  and  attested  by  the 
clerk  of  said  city  or  town,  and  shall  have  the  seal  of  the  city  or  town 
affixed  thereto  and  be  acknowledged  by  the  mayor  of  such  city  or 
town  in  the  same  manner  as  other  conveyances  of  real  estate. 


School  Laws  of  New  Mexico. 


21 


CITY    BOARD    OF    EDUCATION. 

Sec.  12.  At  each  annual  city  or  town  election  there  shall  be  a 
Board  of  Education,  consisting  of  two  members  from  each  ward, 
elected  by  the  qualified  voters  thereof,  one  of  whom  shall  be  elected 
annually,  and  shall  hold  his  office  for  a  term  of  two  years,  and  until 
his  successor  is  elected  and  qualified. 

Provided,  That  no  member  of  the  Board  of  Education  shall  be  a 
member  of  the  council  or  town  trustees,  nor  shall  any  member  of  the 
council  or  town  trustees  be  a  member  of  the  Board  of  Education. 

Sec.  13.  The  Board  of  Education  shall  have  power  to  fill  any 
vacancy  which  may  occur  in  their  body. 

Provided,  That  any  vacancy  occurring  more  than  ten  days  pre- 
vious to  the  annual  election  and  having  an  unexpired  term  of  one 
year  shall  be  filled  at  the  first  annual  election  thereafter;  and  the 
ballots  and  returns  of  election  shall  be  designated  as  follows:  "To 
till  unexpired  term." 

Sec.  14.  The  Board  of  Education  shall  have  power  to  elect  their 
own  officers,  except  the  treasurer;  to  make  their  own  rules  and 
regulations,  subject  to  the  provisions  of  this  act;  to  organize  and 
maintain  a  system  of  graded  schools;  to  establish  a  high  school 
whenever  in  their  opinion  the  educational  interests  of  the  city  de- 
mand the  same,  and  to  exercise  the  sole  control  over  the  schools  and 
school  property  of  the  city  or  town. 

Sec.  15.  The  Board  of  Education,  at  its  regular  meeting  in  May  of 
each  year,  shall  organize  by  the  election  of  a  president  and  vice 
Xjresident  from  among  its  own  members,  each  of  whom  shall  serve 
for  the  term  of  one  year,  or  until  their  successors  are  elected  and 
qualified;  they  shall  also  elect  a  clerk,  who  shall  hold  his  office  during 
the  ijleasure  of  the  board,  and  who  shall  receive  such  compensation 
for  his  services  as  the  board  may  allow. 

Sec  16.  The  treasurer  of  the  city  or  town  shall  be  ex-officio  the 
treasurer  of  the  Board  of  Education  and  shall  give  bond  to  the  Board 
of  Education  as  the  board  may  require,  said  bond  to  be  approved  by 
the  Board  of  Education  and  filed  with  its  clerk.  It  shall  be  the 
duty  of  the  treasurer  to  deposit  daily  all  money  belonging  to  the 
Board  of  Education  in  some  responsible  bank,  to  be  designated  by 
the  Board  of  Education,  in  the  name  of  such  treasurer  as  such  officer, 
which  bank  shall  pay  interest  on  monthly  average  balances  as  may 
be  agreed  upon  by  such  bank  and  the  Board  of  Education,  and  before 
making  such  deposits,  the  Board  of  Education  shall  take  from  such 
bank  a  good  and  sufficient  bond  in  a  sum  to  be  designated  by  the 
Board  of  Education,  conditioned  that  such  deposits  shall  be  paid  on 
the  check  or  draft  of  said  treasurer.  The  treasurer  shall  attend  all 
of  the  meetings  of  the  board  when  required  to  do  so;  shall  prepare 
and  submit  in  writing  a  monthly  report  of  the  finances  of  said  board. 


Election. 
Amended  l)y 
section  l,olia|)- 
ter  XXXIX, 
La\v«  1892-:^. 


Proviso. 
Exceptiona. 

Vaaincy. 

Proviso. 

Election  to  fill 
vacancy. 


I'owers. 


Or'ranization. 


Bond  of 
Treasurer. 


Duties. 


22 


School  Laws  of  New  Mexico. 


Pay  for 
services. 


No  pay  or 
emoluments. 

Duties  of  Pres- 
ident. 


Duties  of  Vice 
President. 


Duties  of  Clerk 


and  shall  pay  school  moneys  only  upon  a  warrant  signed  by  the 
president,  or,  in  his  absence,  by  the  vice  president,  and  counter- 
signed by  the  clerk.  The  treasurer  shall  receive  from  the  Board  of 
Education,  tifty  dollars  per  annum  for  his  services  as  treasurer,  and 
no  more. 

Sec.  17.  No  member  of  the  Board  of  Education  shall  receive  any 
pay  or  emolument  for  his  services. 

Sec.  18.  It  shall  be  the  duty  of  the  president  to  preside  at  all 
meetings  of  the  Board  of  Education,  to  appoint  all  committees  whose 
appointment  is  not  otherwise  provided  for,  and  to  sign  all  warrants 
ordered  by  the  Board  of  Education  to  be  drawn  upon  the  treasurer 
for  school  moneys. 

Sec.  19,  It  shall  be  the  duty  of  the  vice  president  to  perform  all 
the  duties  of  the  president  in  case  of  his  absence  or  disability. 

Sec.  20.  It  shall  be  the  duty  of  the  clerk  to  be  present  at  all 
meetings  of  the  board:  to  keep  an  accurate  journal  of  its  proceedings; 
to  take  charge  of  its  books  and  documents;  to  countersign  all  war- 
rants for  school  moneys  drawn  upon  the  treasurer  by  order  of  the 
Board  of  Education,  and  perform  such  other  duties  as  the  Board  of 
Education  or  its  committees  may  require. 

Sec.  21.  Before  entering  upon  the  discharge  of  his  duties,  the 
clerk  of  the  Board  of  Education  shall  give  bond  in  the  sum  of  one 
thousand  dollars,  with  good  and  sufficient  sureties,  to  be  approved 
by  the  board,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office. 

Sec.  22.  The  Board  of  Education  shall,  on  or  before  the  first  day 
of  August  of  each  year,  levy  a  tax  for  the  support  of  the  schools  of 
the  city  or  town  for  the  fiscal  year  next  ensuing,  not  exceeding  in 
any  one  year  five  mills  on  the  dollar,  on  all  personal,  mixed  and  real 
property  within  the  district,  which  is  taxable  according  to  the  laws 
of  the  Territory  of  New  Mexico  for  school  purposes,  which  levy  shall 
be  approved  by  the  city  council  or  town  trustees;  and  when  so  ap- 
proved the  clerk  of  the  board  shall  certify  to  the  county  clerk,  who 
is  hereby  authorized  and  required  to  place  the  same  on  the  tax  roll 
of  said  county,  to  be  collected  by  the  collector  of  the  county  as  are 
other  taxes,  and  paid  over  by  him  to  the  treasurer  of  the  Board  of 
Education,  of  whom  he  shall  take  a  receipt  in  duplicate,  one  of  which 
he  shall  file  in  his  office,  and  the  other  he  shall  forthwith  transmit  to 
the  clerk  of  the  Board  of  Education. 

This  section  shall  not  be  construed  to  change,  alter,  modify  or 
amend  section  1  of  this  act  or  any  part  of  the  act  of  which  it  is  an 
amendment,  with  reference  to  the  amount  to  be  raised  by  taxation 
for  school  purposes,  but  the  provisions  of  this  section  with  reference 
to  taxation  for  schools,  under  this  section,  and  said  law  shall  be  held 
and  taken  to  be  in  addition  to  the  provisions  of  the  act  above  re- 
ferred to  in  this  section. 


Bond  of  Clerk. 


Levy  of  city 
school  tax. 


Addition  to  sec. 
one  of  this 
chapter. 


School  Laws  of  New  Mexico. 


23 


Skc.  23.  The  taxable  property  of  the  whole  city  or  town,  includ- 
ing the  territory  attached  for  school  purposes,  shall  be  subject  to 
taxation.  All  taxes  collected  for  the  benefit  of  the  schools  shall  be 
paid  in  money,  and  shall  be  placed  in  the  hands  of  the  treasurer, 
subject  to  the  order  of  the  Board  of  Education. 

Sec.  24.  The  regular  meetings  of  the  Board  of  Education  shall  be 
upon  the  first  Monday  of  each  month,  but  special  meetings  may  be 
hold,  from  time  to  time,  as  circumstances  may  demand. 

Sec.  25.  The  board  of  education,  at  the  close  of  each  school  year, 
or  as  soon  thereafter  as  practicable,  shall  make  an  annual  report  of 
the  progress,  prosperity  and  condition,  financial  as  well  as  educa- 
tional, of  all  the  schools  under  their  charge;  and  saia  report,  or  such 
of  it  as  the  Board  of  Education  shall  consider  of  advantage  to  the 
public,  shall  be  printed,  either  in  a  public  newspaper  or  in  pamphlet 
form,  and  a  copy  furnished  the  county  and  the  Territorial  Superin- 
tendent. 

Sec.  26.  No  expenditure  involving  an  amount  greater  than  two 
hundred  dollars  shall  be  made  except  in  accordance  with  the  pro- 
visions of  a  written  contract,  and  no  contract  involving  an  expendi- 
ture of  more  than  five  hundred  dollars,  for  the  purpose  of  erecting 
any  public  buildings  or  making  any  improvements,  shall  be  made 
except  upon  sealed  proposals,  and  to  the  lowest  responsible  bidder. 

PUBLIC   schools   to    BE    NON-SECTARIAN. 

Sec.  27.  No  sectarian  doctrine  shall  be  taught  or  inculcated  in 
any  of  the  public  schools  of  the  city  or  town. 

EXEMPTION    FROM    TAXATION. 

Sec.  28.  All  property  held  by  the  Board  of  Education  for  the  use 
of  public  schools  shall  be  exempt  from  taxation,  and  shall  not  be 
taken  in  any  manner  for  any  debt  due  from  the  city. 

city  school  bonds. 

Sec.  29.  Any  city  or  incorporated  town  in  this  Teriitory,  which 
shall  by  the  action  of  its  common  council,  trustees  or  school  direct- 
ors have  purchased  any  ground  or  building  or  buildings,  or  may 
hereafter  purchase  any  ground  and  building  or  buildings,  or  has 
commenced  or  may  hereafter  commence  the  erection  of  any  building 
or  buildings  for  school  purposes,  or  which  shall  have  by  its  school 
directors,  common  council  or  trustees,  contracted  any  debts  for  the 
erection  of  such  building  or  buildings,  or  the  purchase  of  such 
ground  and  building  or  buildings,  or  such  school  directors,  trustees 
or  common  council  shall  not  have  the  necessary  means  with  which 
to  complete  such  building  or  buildings,  or  to  pay  for  the  purchase 
of  such  ground  and  building  or  buildings,  or  pay  such  debt,  may  on 
filing  by  the  school  directors,  trustees  or  common  council  of  said 
city  or  town,  of  a  report  under  oath,  with  the  Board  of  Education  of 


General  taxa- 
tion. 

Di8popal  of 
taxes  collected 


Meeting. 


Report. 


Contracts. 


24 


School  Laws  of  New  Mexico. 


Election. 


such  city  or  town,  showing  the  estimated  or  actual  cost  of  any  such 
ground  and  building  or  buildings,  or  the  amount  required  to  com- 
plete such  building  or  buildings, or  purchase  such  ground  and  build- 
ing or  buildings,  or  the  amount  of  such  debt,  it  shall  be  lawful  for 
the  Board  of  Education  to  order  an  election  for  the  issuing  of  bonds 
of  said  school  district  in  said  city  or  town,  to  an  amount  to  liquidate 
such  proposed  indebtedness,  and  the  said  Board  of  Education  are 
hereby  authorized  and  empowered  to  issue  such  bonds  in  conformity 
with  the  requirements,  and  in  like  manner  that  school  bonds  are  is- 
sued. And  said  Board  of  Education  are  authorized  and  empowered 
to  issue  bonds  to  raise  funds  for  the  purchase  of  school  site  or  sites, 
or  to  erect  a  suitable  building  or  buildings  thereon,  or  to  fund  any 
bonded  indebtedness  for  school  purposes  of  such  city  or  town. 

Provided,  That  no  bonds  shall  be  issued  until  the  question  shall 
be  submitted  to  the  peojjle,  and  a  majority  of  the  qualified  electors 
who  shall  vote  on  the  question  at  an  election  called  for  that  pur- 
pose, shall  have  declared  by  their  votes  in  favor  of  issuing  such 
bonds.  The  rate  of  interest  on  such  bonds  shall  not  exceed  six  per 
cent  per  annum,  payable  annually  or  semi-annually,  at  such  place  as 
may  be  mentioned  upon  the  face  of  said  bonds,  which  bonds  shall  be 
payable  in  not  less  than  twenty  nor  more  than  thirty  years  from 
their  date,  and  the  Board  of  Education  is  hereby  authorized  and  em- 
powered to  sell  such  bonds  at  not  less  than  par. 

Sec.  30.  It  shall  be  the  duty  of  the  mayor  of  each  city  or  town 
governed  by  this  act,  upon  the  request  of  the  Board  of  Education, 
forthwith  to  call  an  election  to  be  conducted  in  all  respects  as  are 
the  elections  for  city  or  town  officers  in  the  same  cities  or  towns, 
except  that  the  returns  shall  be  made  to  the  Board  of  Education 
for  the  purpose  of  taking  the  sense  of  such  district  upon  the  ques- 
tion of  issuing  such  bonds,  naming  in  the  proclamation  of  such  elec- 
tion the  amount  of  bonds  asked  for  and  the  purpose  for  which  they 
are  to  be  issued. 

Sec.  31.  The  bonds,  the  issuance  of  which  is  provided  for  in  the 
foregoing  section,  shall  be  signed  by  the  president,  attested  by  the 
clerk  and  countersigned  by  the  treasurer  of  the  Board  of  Education; 
and  said  bonds  shall  specify  the  rate  of  interest  and  the  time  when 
principal  and  interest  shall  be  paid,  and  each  bond  so  issued  shall 
be  for  a  sum  not  less  than  fifty  dollars. 

Sec.  32.  The  Board  of  Education  at  the  time  of  its  annual  levy 
of  taxes  for  the  support  of  schools,  as  hereinbefore  provided,  shall 
also  levy  a  sufficient  amount  to  pay  the  interest  as  the  same  accrues 
on  all  bonds  issued  under  the  provisions  of  this  act,  and  also  to 
create  a  sinking  fund  for  the  redemption  of  said  bonds,  which  it  shall 
levy  and  collect,  in  addition  to  the  rate  per  cent,  authorized  by  the 
provisions  aforesaid  for  school  purposes;  and  said  amount  of  funds, 
when  paid  into  the  treasury,  shall  be  and  remain  a  specific  fund  for 


Proviso. 
Bonds  to  be 
submitted  to 
vote. 


Interest. 


Time  limit. 


Election  for 
bonds. 


Returns  of 
election. 


Form  of 
bonds. 


Specifications. 

Denomination 
limit. 


Tax  levy  for 
interest. 

Sinking  Fund. 


School  Laws  of  New  Mexico. 


25 


said  purpose  only  and  shall  not  be  appropriated  in  any  other  way 
except  as  hereinafter  provided. 

Provided,  There  shall  be  no  levy  for  sinking  fund  until  ten  years 
after  the  issue  of  such  bonds,  if  they  be  for  twenty  years;  and  twen- 
ty years  after  the  issue  if  they  be  for  thirty  years,  and  the  levy  in 
any  one  year  shall  not  exceed  five  mills  on  the  dollar  for  such  sink- 
ing fund,  and  the  total  levy  in  any  one  year  shall  not  exceed  ten  mills 
on  the  dollar  for  all  purposes:  Provided  further,  That  the  levy  for 
interest  on  such  bonds  as  may  be  issued  by  such  city  or  town  shall 
not  exceed  in  any  one  year  an  amount  required  to  pay  the  annual 
interest. 

Sec.  33.  Whenever  the  interest  coupons  of  the  bonds  hereinbe- 
fore authorized  shall  become  due,  they  shall  be  promptly  paid,  on 
presentation  by  the  treasurer,  out  of  any  money  in  his  hands  col- 
lected for  that  purpose,  and  he  shall  endorse  upon  the  face  of  such 
coupons  in  red  ink. the  word  "paid,"  and  the  date  of  payment,  and 
sign  the  initials  of  his  name. 

Sec.  34.  The  school  fund  and  property  of  such  city  or  town  and 
territory  attached  for  school  purposes  is  hereby  pledged  to  the  pay- 
ment  of  the  interest  and  principal  of  the  bonds  mentioned  in  this  act 
as  the  same  may  become  due. 

Sec.  35.  It  shall  be  the  duty  of  the  clerk  of  the  Board  of  Educa- 
tion to  register  in  a  book  provided  for  that  purpose  the  bonds  issued 
under  this  act,  and  all  warrants  issued  by  the  board,  which  said 
register  shall  show  the  number,  date  and  amount  of  said  bonds,  and 
to  whom  made  payable. 


Sec 


OATH  OF    BOARD    OF    EDUCATION. 

36.    Each  member  of  the  Board  of  Education  and  officer  pro- 


vided for  in  this  act  shall  take  and  subscribe  an  oath  or  affirmation 
to  support  the  Constitution  of  the  United  States  and  the  laws  of 
New  Mexico,  and  faithfully  perform  the  dutiesof  his  office.  The  oath 
and  bond  of  the  clerk  shall  be  filed  with  the  treasurer;  and  all  other 
oaths  and  bonds  shall  be  filed  with  the  clerk. 

Sec.  37.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed,  and  this  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 

Approved  Feb.  26.  1891. 

'^  UNIVERSITY, 


BRA^ 


CHAPTER  II. 


■S^CALIFOKiil! 


AN  ACT  TO  Amend  Chapters  xxv  and  lxxvii  of  the  Acts  of  the 
29th  Legislative  Assembly  and  to  Prescribe  the  Qualifica- 
tion of  Voters.     S.  C.  B.C;  Ap2>roved  January  -5,  1893. 


Be  it  Enacted  hy  the  Legislative  AssenUdy  of  the  Territory  of  New 
Megcioo : 


Proviso. 
Time  limit 
for  levy  of 
sinking  fund. 


Proviso. 
Limit  of  levy 
for  interest. 


Interest  due. 


Guaranty  of 
bonds. 


Register  of 
bonds. 


Repeal  of 
former  laws. 


26 


School  Laws  of  New  Mexico. 


POLL    TAX. 

Section  1.  That  all  of  section  four  (4)  of  chapter  LXXVII  and  so 
much  of  section  thirty-six  (36)  of  chapter  XXV  of  the  Acts  of  the 
29th  Legislative  Assembly  of  the  Territory  of.  New  Mexico  as  pro- 
vides "that  it  shall  be  illegal  for  any  person  to  vote  at  any  election 
who  has  not  paid  his  poll  tax  for  the  current  year,  and  said  payment 
must  be  made  in  case  of  a  general  election,  one  day  previous  to  such 
election  day,"  be  and  the  same  are  hereby  repealed. 

Sec.  2.  Prepayment  of  poll  tax  shall  not  hereafter  be  a  pre- 
requisite or  qualification  of  the  right  to  vote  at  any  election  in  this 
Territory. 

Sec.  3.  This  act  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


Not  a  rpqnisite 
To  vote. 


CHAPTER  VI. 


AN  ACT  Relating  to  Exemption  from  Taxatio.n 
proved  January  20,  1893. 


C.  B.  4;  Ap- 


Two  hundred 
dollars  limit.. 

Proviso. 


('onditioiis. 


Repeal. 


Be  it  Enacted  by  the  Legislative  Assembly  of  tJie  Territory  of  Neu' 
Mexico : 

exemption  fkom  texation. 
See  Sec.  5,  Chapter  LXXVII,  1890-1. 

Section  1.  That  there  shall  be  exempt  from  taxation  for  Terri- 
torial, county,  municipal  and  school  purposes,  property  of  the  head 
of  a  family  actually  residing  in  this  Territory  in  the  sum  of  two  hun- 
dred dollars:  Provided,  That  any  and  all  property  must  be  listed 
for  taxation  by  the  assessor,  and  before  any  exemption  can  be  allowed 
or  granted  the  claimant  must  make  oath  before  the  assessor  as  to 
the  true  market  value  of  his  property,  and  if  he  claims  the  whole  of 
said  property  to  be  exempt  the  claimant  must  swear  that  all  of  his 
property  otherwise  subject  to  taxation  does  not  exceed  in  value  the 
said  sum  of  two  hundred  dollars  and  that  he  is  the  head  of  a  family 
residing  in  this  Territory. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 


CHAPTER  X. 


AN  ACT  TO  Amend  Section  1,  Chapter  xii,  of  the  Laws  of  1889, 
Providing  for  the  Qualification  of  Justices  of  the  Peack, 
Constables  AND  OTHER  Officers.  C  B.  30:  Approved  Febru- 
ary 2,  1893. 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico : 


School  Laics  of  New  Mexico. 


TEACHERS. 

SkctiOxN  1.  That  section  1  of  chapter  XII  of  the  Laws  of  1881), 
entitled  "An  Act  ijroviding  for  the  qualification  of  justices  of  the 
peace,  constables  and  other  officers,"  be  and  the  same  is  hereby 
amended  by  striking  from  the  same  the  words  "school  teacher,"  con- 
tained therein. 

Sec.  2.  This  act  shall  not  be  construed  as  in  any  manner  repeal- 
ing any  of  the  qualifications  of  school  teachers  in  this  Territory, 
and  shall  be  in  force  and  effect  from  and  after  its  passage. 


Ameudment. 


Construction 


CHAPTER  XV. 


AN  ACT  Legalizing  Tkansff.rs  of  School  District  Property  by 
School  Boards  in  the  Territory  of  New  Mexico.  H.  B.  45; 
Approved  January  10,  1893. 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico  : 

TRANSFER    OF    SCHOOL    DISTRICT   TROPERTY. 

Section  1.  That  all  transfers  of  school  district  property  hereto- 
fore made  by  any  school  board  in  any  school  district  in  this  Territory 
are  hereby  declared  valid  and  legal  and  all  such  transfers  are  hereby 
ratified  and  confirmed. 

Sec.  2.     This  act  shall  be  in  force  from  and  after  its  passage. 


CHAPTER  XIX. 


AN  ACT  TO  Establish  and  Provide  for  the  Maintenance  and 
Government  of  the  Normal  Schools  of  New  Mexico.  C.  B. 
20 ;  Approved  February  11,  1893. 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Tei^ritory  of  New 
Mexico : 

NORMAL   schools. 

Section  1.  There  is  hereby  created  and  established  at  Silver  City, 
in  Grant  county,  and  in  Las  Vegas,  in  San  Miguel  county,  in  the 
Territory  of  New  Mexico,  institutions  of  learning  to  be  known  as  the 
Normal  Schools  of  New  Mexico. 

Sec.  2.  Such  schools  shall  be  located  upon  a  tract  of  land  suitably 
and  pleasantly  located,  containing  not  less  than  twenty  acres,  and 
situate  not  more  than  one  and  a  half  miles  from  said  Silyer  City  and 


Places  where 
to  be  estab- 
lished 


Sites. 


28 


School  Laws  of  New  Mexico. 


Las  Vegas,  respectively,  the  location  of  such  land  to  be  apijroved  by 
the  respective  boards  of  regents  created  by  this  act,  and  the  same 
shall  be  conveyed  to  such  boards  by  a  good  and  indefeasible  title  in 
fee  simple  within  six  months  after  the  passage  of  this  act,  free  of  any 
cost  to  the  Territory  or  said  boards,  and  no  expenditure  of  money 
shall  be  made  under  this  act  upon  such  land  until  such  conveyance 
is  made  and  accepted  by  such  boards. 

Sec.  3.  The  control  of  such  normal  schools  shall  be  each  under  a 
board  of  five  regents  to  be  appointed  by  the  Governor  of  the  Terri- 
tory. In  making  such  appointments  for  the  first  time,  one  shall  be 
appointed  for  one  year,  one  for  two  years,  one  for  three  years,  one 
for  four  years  and  one  for  five  years,  and  thereafter  appointments 
shall  be  made  for  the  term  of  five  years,  and  at  the  expiration  of  the 
terms  of  the  several  members,  or  when  vacancies  may  otherwise  arise. 
The  members  of  each  such  board  shall  be  voters  of  the  Territory 
and  the  owners  of  real  estate  therein,  and  no  more  than  three  of  the 
members  of  each  said  board  shall  be  of  the  same  political  party. 
Each  such  board  shall  constitute  a  body  politic  and  corporate,  and 
shall  have  power  to  sue  and  be  sued,  to  contract  and  be  contracted 
with,  and  the  title  to  all  property  belonging  to  each  such  normal 
school  shall  be  vested  in  the  respective  corporate  bodies  and  their 
successors. 

Sec.  4.  Within  thirty  days  after  the  appointment  of  each  such 
board,  the  members  thereof  shall  meet  at  Silver  City  a,nd  Las  Vegas, 
respectively,  at  a  time  to  be  designated  by  the  Governor  of  the  Ter- 
ritory, and  each  shall  organize  by  the  election  of  one  member  there- 
of as  president  and  another  member  as  secretary  and  treasurer,  and 
annually  thereafter  a  meeting  of  such  boards  shall  be  held  for  the 
same  purpose,  but  such  officers  shall  hold  their  offices  until  their 
successors  shall  be  elected  and  qualified.  The  person  who  may  be 
elected  as  secretary  and  treasurer  of  each  such  board  shall  execute 
his  bond,  payable  to  the  Territory  of  New  Mexico,  for  not  less  than 
twenty  thousand  dollars,  with  at  least  two  freehold  sureties,  resi- 
dents of  the  Territory,  which  shall  be  conditioned  for  the  faithful 
performance  of  the  duties  of  such  secretary  and  treasurer,  and  shall 
be  approved  by  the  Governor  and  filed  with  the  Secretary  of  the 
Territory. 

Sec.  5.  Each  of  said  boards  of  regents  shall  hold  at  least  four 
meetings  during  each  year  at  their  respective  Normal  Schools  for  the 
purpose  of  discharging  their  duties  under  this  act,  the  time  of  such 
meetings  to  be  fixed  by  such  board,  and  the  president  of  such  board 
may  call  special  meetings  thereof  when  in  his  judgment  the  business 
of  such  schools  demands  the  same.  Three  members  of  such  boards 
shall  constitute  a  quorum  for  the  transaction  of  business. 

Sec.  G.  Said  boards  of  regents  shall  have  full  and  complete  power 
and  control  over  their  respective  Normal  Schools.     Each  board  shall 


Title  in  fee 
t<imi)le. 


Ooutrol. 


A  ppoiutmeut 
of  Board  of 
Resents. 


(iualificationa 
of  Kegents. 


Board  to  be  a 
body  corporate. 


Orjrauization. 


Bond  of  Secre- 
tary and  Treas- 
urer. 


Meetings. 


Power  of  re- 
spective boards. 


School  Laws  of  New  Mexico. 


•29 


employ  a  superintendent  or  principal  for  such  school  who  shall  have 
the  supervision  and  control  of  the  school  under  such  rules  and  regu- 
lations as  may  be  provided  by  such  board.  Such  board  shall  deter- 
mine and  provide  as  to  what  branches  of  learning  shall  be  taught  in 
such  school  and  the  classification  and  order  of  the  same,  and  shall 
also  direct  the  number  of  teachers  that  shall  be  employed,  and  shall 
determine  the  compensation  to  be  paid  to  the  superintendent  and 
teachers.  Such  board  shall  also  prescribe  upon  what  terms  and  con- 
ditions pupils  shall  be  admitted  to  such  school,  but  no  pupils  shall 
be  admitted  who  are  not  residents  of  this  Territory. 

Sec.  7.  The  president  of  each  board  shall  preside  at  all  meetings 
thereof  and  shall  sign  the  proceedings  of  the  same,  and  shall  sign  all 
orders  directed  by  the  board  to  be  drawn  upon  the  treasurer  thereof 
for  the  payment  of  money.  In  the  absence  of  the  president  at  any 
meeting  of  the  board  the  members  present  shall  elect  a  president 
jiro  tern. 

The  secretary  of  the  board  shall  have  charge  of  the  records,  books, 
and  papers  belonging  to  such  board,  and  shall  keep  a  record  of  the 
proceedings  of  such  board;  and  shall  issue  and  attest  all  orders  di- 
rected by  the  board  to  be  drawn  upon  the  treasurer  of  the  same  for 
the  payment  of  money.  Such  secretary,  as  treasurer,  shall  have  the 
care  and  custody  of  all  moneys  belonging  to  such  school,  and  he  shall 
pay  out  the  same  only  upon  orders  drawn  upon  him  by  direction  of 
the  board  of  regents  and  signed  by  the  president  thereof ;  and  at  each 
regular  meeting  of  such  board  such  treasurer  shall  submit  to  the 
same  a  statement  showing  a  full  account  of  the  condition  of  financial 
affairs  of  such  school. 

Sec.  8.  The  members  of  the  respective  boards  of  regents  shall  be 
entitled  to  the  sum  of  two  dollars  per  day  during  the  time  they  shall 
be  employed  in  the  actual  discharge  of  their  duties,  and  five  cents 
per  mile  for  each  mile  necessarily  traveled  in  going  to  and  returning 
from  their  places  of  residence  to  the  place  of  meeting  of  such  board, 
but  the  person  who  is  elected  as  secretary  and  treasurer  of  such 
board  shall  he  entitled  to  receive  three  dollars  per  day  during  the 
sessions  of  such  board,  and  mileage  as  above  provided. 

Sec.  9.  For  the  purpose  of  erecting  buildings  for  such  schools, 
furnishing  the  same,  improving  the  grounds  and  maintaining  such 
schools,  the  Auditor  of  the  Territory  shall  cause  to  be  levied  upon 
all  taxable  property  in  the  Territory  during  the  year  commencing  on 
the  4th  day  of  March,  1893,  and  ending  on  the  3rd  day  of  March, 
1894,  a  tax  of  two-fifths  of  one  mill,  which  levy  shall  be  collected 
during  the  same  year  and  applied  to  the  above  appropriation.  Five 
thousand  dollars  of  said  sum  shall  be  available  for  each  of  said 
schools  for  the  purposes  specified  herein  on  the  first  day  of  January, 
1894,  and  the  balance  of  said  levy  so  collected  on  the  4th  day  of 
March,  1894,  and  shall  he  paid  upon  presentation  to  the  Treasurer 
of  the  Auditor's  warrant,  which  shall  be  issued  upon  an  order  from 

5 


Duties  of 
President. 


Duties  of  Sec- 
retary. 


Per  diem  pay 
and  mileaj?e. 


Tax  levy, 


Application 
of  funds. 


30 


School  Laivs  of  New  Mexico. 


Proviso. 

Limit  of  in- 
debtedness. 


Diplomas  to 
be  valid  as 
teachers  cer- 
tificates. 


the  respective  boards  of  regents  of  such  normal  schools:  Provided, 
however,  That  no  indebtedness,  binding  in  any  manner  upon  the 
Territory,  shall  be  incurred  by  the  boards  of  regents  or  any  other 
person  or  persons  on  behalf  of  said  schools  over  and  above  the 
amount  derived  from  the  collection  of  said  two-fifths  mill  levy. 

Sec.  10.  Diplomas  issued  to  graduates  of  the  foregoing  Normal 
Schools  of  New  Mexico,  also  diplomas  issued  to  graduates  from  the 
Territorial  University  at  Albuquerque,  the  Territorial  School  of 
Mines  at  Socorro  and  the  Territorial  Agricultural  College  at  Las 
Cruces,  shall  be  and  the  same  are  hereby  considered  as  first  class 
teachers'  certificates  in  any  of  the  counties  in  the  Territory  of  New 
Mexico. 

Sec.  11.  This  act  shall  be  in  force  and  effect  from  and  after  its 
passage. 


CHAPTER  XXX. 


AN  ACT  TO  Amend  Section  1  of  An  Act  Entitled  "An  Act  Re- 
pealing Certain  Sections  of  the  Gaming  Law  and  Providing 
A  Substitute  Therefor,"  Approved  February  21,  1887.  H.  B. 
119 ;  Approved  February  11,  189S. 


Proviso. 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico  : 

gaming  license. 

Section  1.  That  section  1  of  an  act  entitled  "An  Act  repealing 
certain  sections  of  the  gaming  law  and  providing  a  substitute  there- 
for," approved  February  21, 1887,  be  and  the  same  is  hereby  amended 
to  read  as  follows: 

Section  1.  That  there  shall  be  assessed  and  collected  in  the  man- 
ner prescribed  by  law,  as  in  cases  of  other  licenses,  a  tax  of  two  hun- 
dred dollars,  for  the  period  of  twelve  months,  to  be  paid  in  advance 
on  each  gaming  table  or  apparatus  of  any  kind  whatever,  such  as 
monte,  faro,  pass  faro,  pass  monte,  vandeau,  roulette,  twenty-one, 
red  and  black,  rouge  et  noir,  poker,  stud  horse  poker,  craps,  keno  or 
any  game  of  chance  played  with  cards,  raffle  or  dice,  or  any  subter- 
fuge for  the  same  by  whatever  name  known,  which  license  shall  be 
issued  in  the  manner  prescribed  by  law,  in  the  case  of  other  licenses, 
but  only  upon  a  written  request  of  the  party  desiring  such  license, 
signed  by  the  applicant,  setting  forth  the  place  or  building  in  which 
said  games  are  to  be  carried  on,  and  said  license  shall  only  be  good 
and  apply  to  such  place  of  business  in  said  application  mentioned: 
Provided,  That  the  license  herein  provided  shall  only  be  receivable 
in  current  funds  of  the  United  States,  and  upon  the  payment  of  said 


School  Laws  of  New  Mexico. 


31 


license  fee  by  said  applicant  it  shall  be  paid  into  the  hands  of  the 
county  treasurer  to  be  covered  into  the  school  funds  of  the  county: 
Provided,  further,  That  any  officer  who  shall  deliver  to  the  applicant 
any  such  license  until  the  tax  thereon  has  been  paid,  as  herein  pro- 
vided, shall  forfeit  to  the  said  school  fund  double  the  amount  of  said 
license,  to  be  recovered  upon  the  official  bond  of  said  officer:  And, 
provided,  further.  That  not  more  than  one  game  shall  be  played  on 
the  same  table  at  any  time,  and  the  party  or  parties  receiving 
such  license  shall  post  the  same,  or  cause  the  same  to  be  done,  on  the 
wall  in  a  conspicuous  place  near  such  table,  showing  the  game  au- 
thorized to  be  played  thereon. 

Sec.  2.    This  act  shall  take  effect  and  be  in  force  thirty  days  from 
and  after  its  passage. 


To  be  covered 
into  county 
school  funds. 

Proviso. 
Penalty. 


CHAPTER  XXXI. 

AN  ACT  Authorizing  the  Faculty  of  St.  Michael's  College  at 
Santa  Fe,  to  Issue  Teachers'  Diplomas  to  Graduates  of  said 
College.    H.  B.  185 ;  Approved  February  20,  1893. 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico  : 

diplomas    of   SAN  MIGUEL   COLLEGE. 

Section  1.  The  faculty  of  St.  Michael's  College,  situated  in  the 
city  of  Santa  Fe,  is  hereby  authorized  to  issue  teachers'  diplomas  to 
all  graduates  of  said  college  who  may  apply  for  the  same.  The 
diplomas  so  issued  to  said  graduates  shall  be  and  the  same  are  here- 
by considered  as  first  class  teachers'  certificates  in  any  and  all  coun- 
ties in  the  Territory  of  New  Mexico,  to  the  same  extent  as  the 
diplomas  or  teachers'  certificates  issued  by  the  faculties  of  the  Ter- 
ritorial University,  at  Albuquerque,  the  Territorial  School  of  Mines, 
at  Socorro,  and  the  Territorial  Agricultural  College,  at  Las  Cruces. 

Sec.  2.  This  act  shall  be  in  full  force  and  effect  from  and  after  its 
passage  and  approval. 


CHAPTER  XXXVIII. 


AN  ACT  Entitled  An  Act  to  Adjust  and  Settle  Certain  out- 
standing School  Indebtedness  in  the  Different  Counties  of 
the  Territory  of  New  Mexico.  C.  B.  83 ;  Approved  February 
23,  1893. 


To  be  con- 
sidered as  first 
class  teachers 
certificates. 


adjustment  AND  SETTLEMENT  OF  OUTSTANDING  SCHOOL  INDEBTEDNESS. 

Whereas,  Prior  to  the  passage  of  the  present  school  law  of  the 
Territory  of  New  Mexico,  in  several  counties  of  said  Territory  the 


32 


School  Latvs  of  New  Mexico. 


To  bi'ing  suits 
for  recovery  in 
district  courts. 


Warrant  hold- 
ers may  unite. 


Suits  to  be 
brought  in 
chancery. 

Duty  of  Dis- 
trict Attorney. 


Service  of 
process. 


Proceedings. 

Statement  of 
account. 


Decree. 


expense  of  the  schools  had  been  paid  by  school  superintendents  of 
the  county  drawing  warrants  upon  the  county  treasurer,  instead  of 
the  fund  being  distributed  among  the  different  districts  of  the  coun- 
ty and  the  warrants  being  drawn  upon  the  district  treasuries;  and 

Whereas,  County  treasurers  have  refused  to  pay  many  of  said 
warrants  which  are  alleged  to  have  been  given  in  good  faith  for  ser- 
vices actually  rendered  and  supplies  actually  furnished  said  schools; 
and 

Whereas,  The  holders  of  said  warrants  are  practically  without 
any  remedy  for  collection  of  the  same  or  any  part  thereof; 

Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico : 

Section  1.  That  the  holders  of  any  school  warrants  in  this  Ter- 
ritory, issued  by  county  school  superintendents  prior  to  the  26th  day 
of  February,  A.  D.  1891,  be  and  they  are  hereby  authorized  to  bring 
suit  in  the  district  court  for  the  county  in  which  said  warrants  were 
issued  against  the  school  districts  and  the  county  for  the  purpose  of 
adjusting  and  determining  the  genuineness  of  said  warrants  and  the 
fact  that  the  same  were  issued  for  services  actually  rendered  or  sup- 
plies actually  furnished  for  the  use  of  the  schools  of  said  county. 

Sec.  2.  Any  part  or  all  of  said  warrant  holders  may  unite  in  the 
same  suit  as  complainants  and  both  the  county  and  all  the  school 
districts  thereof  shall  he  made  defendants  in  such  suit,  and  such 
suit  shall  be  brought  on  the  chancery  side  of  the  court  in  the  nature 
of  a  bill  in  equity  for  an  accounting,  and  the  district  court  shall  take 
jurisdiction  of  the  same  and  it  shall  be  the  duty  of  the  district  at. 
torney  to  appear  and  defend  said  suits  for  the  county  and  the  school 
districts  or  either  or  any  of  them  shall  be  allowed  to  employ  addi- 
tional counsel. 

Sec.  3.  The  county  shall  be  described  as  the  board  of  county 
commissioners  and  process  shall  be  served  upon  said  board  as  now 
provided  by  law,  and  the  process  upon  the  school  districts  shall  be 
served  by  delivering  a  subpoena  or  summons  issued  as  in  ordinary 
cases  upon  the  school  superintendent  of  the  county  and  the  respect- 
ive chairman  of  the  school  boards,  whose  duty  it  shall  be  to  at  once 
notify  the  proper  district  attorney,  who  shall  enter  his  appearance  in 
answer  to  said  subpoena  or  summons  and  defend  such  suit  as  herein- 
before provided. 

Sec.  4.  The  proceedings  in  said  cause  shall  be  the  same  as  in  or- 
dinary chancery  cases,  and  upon  a  statement  of  account  by  the  mas- 
ter in  chancery  a  decree  shall  be  rendered  therein  determining  the 
amount  of  such  indebtedness,  who  is  entitled  to  receive  the  same, 
whether  the  original  persons  to  whom  said  warrants  were  issued  or 
by  whom  said  services  were  rendered,  or  supplies  furnished,  or  the 
assignee  thereof,  and  how  much  the  holder  thereof  is  lawfully 
entitled  to  receive  for  the  same,  and  thereupon  a  decree  or  judg- 


School  Laivs  of  New  Mexico. 


.33 


ment  shall  be  rendered  in  favor  of  said  persons  for  the  amout  of  the 
indebtedness  so  claimed  against  the  county  or  district  liable;  and 
the  amount  of  such  decree  shall  be  paid  out  of  the  county  school 
fund  where  the  warrant  is  a  county  debt,  or  out  of  the  proper  dis- 
trict fund  where  the  warrant  represents  a  district  indebtedness,  and 
if  the  same  are  insufficient  to  pay  such  indebtedness  it  shall  by  the 
duty  of  the  county  commissioners  or  district  school  directors  to  levy 
a  sufficient  tax  at  the  time  the  general  taxes  are  levied  and  cause 
the  same  to  be  levied  in  like  manner  and  at  the  same  tim^  that  gen- 
eral taxes  are  collected  for  the  purpose  of  satisfying  and  paying  off 
such  decree  or  tax. 

Sec.  5.  The  holders  of  any  such  warrants  who  may  procure  any 
such  decree  in  their  favor  may  at  their  option  accept  bonds,  interest 
bearing  obligations,  to  bear  interest  at  the  rate  of  six  per  centum 
per  annum,  and  due  in  ten  years,  payable  in  five  years,  in  satisfac- 
faction  of  such  indebtedness,  in  lieu  of  causing  the  amount  thereof 
to  be  levied  and  collected  as  provided  for  in  the  foregoing  section. 

Sec.  6.  The  costs  of  any  such  suit  authorized  by  this  act  shall  be 
divided  equally  by  the  court  between  the  complainants  in  such  suit 
and  the  defendant,  not  including  attorney's  fee,  but  including  the 
fees  of  the  district  attorney,  who  shall  be  allowed  such  reasonable 
compensation  as  the  court  may  in  its  discretion  fix,  not  to  exceed 
five  per  cent,  of  the  amount  recovered  or  involved  in  the  suit:  P7'o- 
vided,  hoivever,  That  if  no  judgment  or  decree  should  be  rendered 
in  favor  of  the  complainant  or  complainants,  then  the  whole  of  the 
costs  of  such  suit  shall  be  paid  by  the  complainant  or  complainants. 

Sec.  7.  This  act  shall  apply  to  suits  now  pending  or  any  which 
may  be  hereafter  brought. 

Sec.  8.  This  act  shall  be  in  force  and  effect  from  and  after  its 
passage. 


Paympnt. 


General  taxes. 


Payment  at 
option  of 
holders. 


Costs  of  snit 


Application. 


CHAPTER  XXXIX. 


AN  ACT  TO  Provide  for  the  Election  of  a  Board  of  Education 
IN  Incorporated  Towns  not  Laid  off  in  Wards.  H.  B.  129; 
Approved  February  23,  1893. 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  Neiv 
Mexico  : 


city  board  of  education. 


Section  1.    That  section  12  of  chapter  LXXVII  of  the  Acts  of    Amendment  of 
the  29th  Legislative  Assembly,  providing  for  the  election  of  a  Board     tlrLxXYn^ 
of  Education,  etc.,  be  further  provided:  i-aws  1890-1.' 


34 


School  Laws  of  New  Mexico. 


Election. 


Term  of  office. 


Qualiflcatioiis 


Repeal. 


That  all  incorporated  towns  in  the  Territory  not  laid  off  in  wards 
shall  at  the  next  municipal  election  elect  a  Board  of  Education  con- 
sisting of  three  members,  one  of  whom  shall  serve  for  the  term  of 
three  years,  one  for  the  term  of  two  years,  and  one  for  the  term  of 
one  year,  and  thereafter  at  each  annual  election  there  shall  be  elected 
one  member  of  the  board  who  shall  serve  for  the  term  of  three  years. 
P2ach  member  of  the  Board  of  Education  shall  be  a  qualified  voter  of 
the  Territory  of  New  Mexico,  and  shall  have  resided  in  the  district 
at  least  two  years  next  preceding  the  election,  and  shall  be  a  tax 
payer. 

Sec.  2.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Sec.  3.    This  act  shall  be  in  force  from  and  after  its  passage. 


CHAPTER  L. 


Supervision. 


Objects. 


Length  of  time. 
Tuition  free. 


Time  and 
places. 


Expenses,  how 
to  be  defrayed. 


AN  ACT  TO  Empower  and  Enable  the  Territorial  Board  of 
Education  to  Organize  and  Hold  Teachers'  Normal  Insti- 
tutes.    C.  B.  129 ;  Approved  February  23,  1893. 


Be  it  Enacted  by  the  Legislative  Assembly  of  the  Territory  of  Neiv 
Mexico  : 

teachers"  normal  institutes. 

Section  1.  The  Territorial  Board  of  Education  is  authorized  and 
directed  to  organize  and  conduct,  or  under  its  supervision  cause  to 
be  organized  and  conducted,  during  each  of  the  years  1893  and  1894 
five  Territorial  normal  institutes,  the  leading  objects  of  which  shall 
be  better  to  educate  teachers  and  those  proposing  to  teach  in  the 
branches  required  to  be  taught  in  the  common  schools;  to  train  them 
in  the  best  and  most  approved  methods  of  imparting  instruction  and 
in  managing  and  conducting  schools;  to  acquaint  them  with  the  laws 
of  the  Territory  pertaining  to  education;  and  to  stimulate  profes- 
sional enthusiasm. 

Sec.  2.  The  length  of  time  for  which  said  institutes  shall  be  held 
shall  be  not  less  than  eight  weeks  each.  In  them  tuition  shall  be 
free. 

Sec.  3.  Said  institutes  shall  be  held  annually  at  such  times  as 
said  Board  of  Education  shall  deem  most  advantageous  to  the  cause 
of  popular  instruction  and  education,  one  in  each  of  the  following 
places:  Los  Lunas,  Valencia  county;  Mora,  Mora  county;  Chama, 
Rio  Arriba  county;  Roswell,  Chaves  county;  and  F'ernandez  de  Taos, 
Taos  county,  New  Mexico. 

Sec.  4.  To  defray  the  expenses  of  holding  said  institutes  the  Ter- 
ritorial Auditor  is  instructed  and  it  is  hereby  made  his  duty  to  make 
and  include  each  year  in  the  annual  levy  for  taxation  for  Territorial 


School  Lawn  of  New  Mexico. 


35 


purposes  a  sufficient  levy  to  raise  the  sum  of  one  thousand  two  hun- 
dred and  fifty  dollars,  which  said  amount  shall  be  collected  in  the 
same  manner  as  other  taxes  for  Territorial  purposes,  and  when  col- 
lected said  money  shall  be  equally  divided  and  used  for  the  purposes 
provided  by  this  and  upon  the  order  of  the  Superintendent  of  Public 
Instruction  of  this  Territory. 

Sec.  5.     This  act  shall  be  in  force  and  effect  from  and  after  its 
passage. 

CHAPTER  LIX. 

AN  ACT  TO  AMEND  Section  35  of  Chapter  xxv  of  the  Session 
Acts  of  1891,  Relating  to  School  Funds.  C.  B.  121;  Apj^roved 
February  23,  1893. 


Be  it  Enacted  by  the  Legislative  Assonbly  of  the  Territory  of  New 
Mexico  : 

temporary  school  funds. 

Section  1.  That  section  35  of  chapter  XXV  of  the  Session  Acts 
of  1891  be  amended  to  read  as  follows: 

That  the  following  are  hereby  declared  to  be  and  are  to  be  tem- 
porary funds  for  common  school  purposes  and  shall  be  paid  to  the 
county  treasurer  to  be  applied  by  the  county  treasurer  to  the  gen- 
eral school  fund  of  each  respective  county: 

First,  The  proceeds  of  all  sales  of  intestate  estates  which  escheat 
to  the  Territory. 

Second,  All  forfeitures  or  recoveries  on  bonds  of  county,  precinct 
or  Territorial  school  officers. 

Third,  The  proceeds  of  all  fines  collected  for  violation  of  the  penal 
laws. 

Fourth,  The  proceeds  of  the  sales  of  lost  goods  or  estrays. 

Fifth,  All  moneys  arising  from  licenses  imposed  upon  wholesale 
and  retail  liquor  dealers,  distilleries,  breweries,  wine  presses,  which 
now  pay  license  or  may  hereafter  be  required  to  pay  license. 

Thirty-three  and  one-third  per  cent  of  all  the  moneys  arising  from 
the  above  enumerated  sources,  when  collected,  shall  be  paid  in  to 
the  county  treasurer  to  the  account  of  the  general  county  school 
fund  of  each  county  in  which  collected.  The  collector  or  person  pay- 
ing in  the  above  enumerated  moneys  to  the  county  treasurer  shall 
receive  from  the  county  treasurer  a  receipt  in  full  for  the  amount 
paid  in. 

Sec.  2.  The  county  treasurer  shall  notify  the  county  superin- 
tendent of  public  schools  in  their  respective  counties  on  the  last  day 
in  every  month  of  all  funds  collected  for  school  purposes  in  that 
month. 

Sec.  3.  This  act  shall  be  in  full  force  and  take  effect  on  and  after 
January  1,  1895. 


Amendnieut  of 
sec.  .5,  chapter 
XXV,  Laws 
1890-1. 
Temporary 
funds. 


Intestate. 


Forfeiture!- 
Fines. 


Lost  and 
estrays. 
Liquor  licenses 


Amount  to  be 
paid  to  County 
Treasurer. 


Notification  to 
County  School 
Superintend- 


36  School  Laws  of  New  Mexico. 


U.  S.  STATUTES. 


Forty-Ninth  Congress,  First  Session. 


CCCLXII. 


AN  ACT  TO  Provide  for  the  Study  of  the  Nature  of  Aluo- 
HOLic  Drinks  and  Narcotics,  and  of  their  effp:cts  upon  the 
Human  System,  in  connection  with  the  Several  Divisions 
OP  the  Subject  of  Physiology  and  Hygiene,  by  the  Pupils 
IN  the  Public  Schools  of  the  Territories  and  of  the  Dis- 
trict OF^ Columbia,  and  in  the  Military  and  Naval  Acade- 
mies, and  Indian  and  Colored  Schools  in  the  Terri- 
tories OF  THE  United  States. 


Be  it  Enacted  by  the  Senate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  Assembled: 

Section  1.  That  the  nature  of  alcoholic  drinks  and  narcotics,  and 
special  instruction  as  to  their  effects  upon  the  human  system,  in  con- 
nection with  the  several  divisions  of  the  subject  of  physiology  and 
hygiene,  shall  be  included  in  the  branches  of  study  taught  in  the 
common  or  public  schools,  and  in  the  military  and  naval  schools,  and 
shall  be  studied  and  taught  as  thoroughly  and  in  the  same  manner 
as  other  like  required  branches  are  in  said  schools,  by  the  use  of  text 
books  in  the  hands  of  pupils  where  other  branches  are  thus  studied 
in  said  schools,  and  by  all  pupils  in  all  said  schools  throughout  the 
Territories,  in  the  military  and  naval  academies  of  the  United  States, 
and  in  the  District  of  Columbia,  and  in  all  Indian  and  colored  schools 
in  the  Territories  of  the  United  States. 

Sec.  2.  That  it  shall  be  the  duty  of  the  proper  officers  in  control 
of  an  ji^.school  described  in  the  foregoing  section  to  enforce  the  pro- 
visions of  this  act;  and  any  such  officer,  school  director,  committee, 
superintendent,  or  teacher,  who  shall  refuse  or  neglect  to  comply 
with  the  requirements  of  this  act,  or  shall  neglect  or  fail  to  make 
proper  provisions  for  the  instruction  required  and  in  the  manner 
specified  by  the  first  section  of  this  act,  for  all  pupils  in  each  and 
every  school  under  his  jurisdiction,  shall  be  removed  from  office,  and 
the  vacancy  filled  as  in  other  cases. 

Sec.  3.  That  no  certificate  shall  be  granted  to  any  person  to  teach 
in  the  public  schools  of  the  District  of  Columbia  or  Territories,  after 
the  first  day  of  January,  Anno  Domini  1888,  who  has  not  passed  a 
satisfactory  examination  in  physiology  and  hygiene,  with  special  ref- 
erence to  the  nature  and  the  effects  of  alcoholic  drinks  and  other 
narcotics  upon  the  human  system. 

Approved  May  20,  188G. 


INDEX 


ADJUSTMENT  AND  SETTLEMENT  OP  SCHOOL  > 
INDEBTEDNESS 

Sec.  Chap.  Year.  Pa^'e 

Act  applies 7  38  1893  3:3 

Costs  of  suit 6  38  1893  33 

Decree 4  38  1893  32 

Duty  of  district  attorney . .' 2  38  1893  32 

Levy  of  general  tax 4  38  1893  33 

Payment 4  38  1893  33 

Payment  at  option  of  holders 5  38  1893  1^3 

Proceedings 4  38  1893  33 

Service  of  process 3  38  1893  32 

Statement  of  account 4  38  1893  32 

Suits  for  recovery 1  38  1893  32 

Suits  to  be  brought  in  chancery 2  38  1893  32 

Warrant  holders  may  unite  in  bringing  suit 2  38  1893  32 

ASSESSMENT— 

County  assessor  to  make  same  on  special  tax  levy.  34  25  1891  14 

BOARD  OF  BOUNDARY  COMMISSION— 

Commissioners,  to  be  appointed 33  25  1891  14 

Duties 33  25  1891  14 

Pay 33  25  1891  14 

CITY  BOARD  OP  EDUCATION— 

Additional  tax 22  77  1891  22 

Amendment  of  Sect.  12,  Chap.  77,  Laws  1891....  1  39  1893  33 

Bond  of  clerk 21  77  1891  22 

Bond  of  Treasurer 16  77  1891  21 

Contracts 26  77  1891  23 

Disposal  of  taxes  collected 23  77  1891  23 

Duties  of  clerk 20  77  1891  22 

Duties  of  vice  president 19  77  1891  22 

Duties  of  president 18  77  1891  22 

Duties  of  treasurer 16  77  1891  21 

Election .  12  77  1891  21 

Election 1  39  1893  34 

Election  to  fill  vacancy  (proviso) ....  13  77  1891  21 

Exceptions  (proviso) 12  77  1891  21 


38  Index. 


CITY  BOARD  OF    EDUCATION— concluded.  See.  Chap.  Year  Page 

General  election 23  77  1891  23 

Levy  of  city  school  tax 22  77  1891  22 

Meetings 2i  77  1991  23 

Members  not  entitled  to  pay  or  emoluments 17  77  1891  22 

Organization 15  77  1891  21 

Oath  prescribed 36  77  1891  25 

Pay  of  Treasurer 16  77  1891  22 

Powers 14  77  1891  21 

Qualifications 1  39  1893  34 

Repeal  of  former  acts 2  39  1893  34 

Report 25  77  1891  23 

Term  of  office 1  39  1893  31 

Vacancy 13  77  1891  21 

CITY  SCHOOLS— 

Adjacent  territory  may  be  attached 8  77  1891  20 

Attached  territory  to  elect  members  of  Board  of 

Education 8  77  1891  20 

Certificate  of  teachers  (proviso) 13  25  1891  7 

Children  between  5  and  7  years  of  age 7  77  1891  20 

Board  of  Education.  (See  city  Board  of  Education) 
Bonds.     (See  City  School  Bonds.) 

City  schools  to  be  bodies  corporate 9  77  1891  20 

City  schools  to  be  non -sectarian'. 27  77  1891  23 

City  schools  property  to  be  exempt  from  taxation  28  77  1891  23 

Compulsory  school  attendance 42  25  1891  16 

Conveyance  of  property 10  77  1891  20 

Diplomas.    (See  Diplomas.) 

Equal  taxation  extensive  to  attached  territory. .  .  8  77  1891  20 

Length  of  school  month  and  day 44  25  1891  17 

Length  of  school  term 7  77  1891  J9 

Procedure  for  attaching  adjacent  territory 8  77  1891  20 

Procedure  in  property  conveyances 11  77  1891  20 

Repealof  former  laws..... 37  77  1891  25 

Schools  to  be  free 7  77  1891  19 

CITY  SCtJOOL  BONDS— 

Bonds  to  be  submitted  to  vote  (proviso) 29  77  1891  24 

Elections 29  77  1891  24 

Election  for  bonds 30  77  1891  24 

Form  of  bonds 31  77  1891  24 

Guaranty  of  bonds  (proviso) 34  77  1891  25 

Interest 29  77  1891  24 

Interestdue 33  77  1891  25 

Limit  of  denomination 31  77  1891  24 

Limit  of  levy  for  interest  (proviso) 32  77  1891  25 

Register  of  bonds 35  77  1891  25 


Index.  39 


Year  Page 

1891 

24 

1891 

24 

1891 

24 

1891 

24 

1891 

24 

1891 

25 

1891 

IG 

1891 

16 

1891 

16 

1891 

11 

1891 

16 

1891 

16 

1891 

16 

CITY  SCHOOL  BONDS- CONCLUDED.  sec  Chap. 

Return  of  election  for  bonds 30  77 

Sinking  fund 32  77 

Specifications  on  bonds  31  77 

Pay  levy  for  interest 32  77 

Time  limit  of  bonds  (proviso) 29  77 

Time  limit  for  levy  of  sinking  fund  (proviso) 32  77 

COMPULSORY  ATTENDANCE— 

Disposal  of  fines 42  25 

No  time  of  residence  required 42  25 

Penalty 42  25 

Persons  who  can  attend  school 22  25 

Poor  children  to  be  provided  with  books  (Proviso) .  42  25 

School  must  be  attended  for  three  months  at  least .  42  25 

School  directors  to  give  written  notice 42  25 

School  to  be  within  two  miles  of  residence  (Pro- 
viso)   42  25    1891     16 

COUNTY  BOARD  OF  EXAMINERS— 

By  whom  appointed  (proviso) 13  25 

By  whom  constituted  (proviso) 13  25 

Grades  of  certificate  (proviso) 13  25 

Per  diem  pay  (proviso) 13  25 

Quorum  (proviso) 13  25 

Requirement  of  Spanish  (proviso) 13  25 

COUNTY  SCHOOL  SUPERINTENDENT— 

Annual  report 14  25 

Apportionment  of  funds 13  25 

Duties 12  25 

No  funds  where  school  has  not  been  taught  three 

months  (proviso) 13  25 

Notification  to  be  given  him  of  temporary  funds.  2  59 

Oath 12  25 

Pay 3  77 

Penalty  for  not  making  annual  report 15  25 

Procedure  for  forming  new  school  district 14  25 

Term  of  office 11  25 

To  be  elected 11  25 

To  be  a  member  of  the  county  board  of  examiners 

(proviso) 13  25 

Vacancy  of  school  directors  to  be  filled  by  him.. .  20  25 

Visits  to  school  districts  (proviso) 13  25 

DIPLOMAS— 

Issued  by  San  Miguel  College  to  be  valid 1  31 

Issued  by  Territorial  institutions 10  19 


1891 

7 

1891 

8 

1891 

8 

1891 

8 

1891 

8 

1891 

8 

1891 

8 

1891 

7 

1891 

7 

1891 

7 

1893 

35 

1891 

7 

1891 

19 

1891 

8 

1891 

8 

1891 

7 

1891 

7 

1891 

7 

1891 

10 

1891 

7 

1893 

31 

1893 

30 

40  Index. 


EXEMPTION  FROM  TAXATION  See.  chap.  Year  Page 

City  school  property 28  77  1891  23 

Classes  of  exempt  property 5  77  1891  19 

Conditions  of  $200  limit 1  G  1893  26 

Repeal  of  former  laws 2  G  1893  26 

Two  hundred  dollars  limit 1  G  1893  2G 

GAMING  LICENSES- 

Penalty  (proviso) 1  30  1893  31 

To  be  covered  into  county  school  fund  (proviso)..  1  30  1893  31 

NORMAL  SCHOOLS— 

Appointment  of  board  of  regents 3  19  1893  28 

Board  to  be  a  body  corporate 3  19  1893  28 

Bond  of  secretary  and  treasurer 4  19  1893  28 

Control 3  19  1893  28 

Diplomas 10  19  1893  30 

Duties  of  president 7  19  1893  29 

Duties  of  secretary 7  19  1893  29 

Funds,  how  to  be  applied 9  19  1893  29 

Limit  of  indebtedness 9  19  1893  30 

Meetings 5  19  1893  28 

Organization 4  19  1893  28 

Per  diem  pay  and  mileage 8  19  1893  29 

Power  of  board  of  regents G  19  3893  28 

Qualifications  of  regents 3  19  1893  28 

Sites  of  normal  schools 2  19  1893  27 

Tax  levy 9  19  1893  29 

Title  in  fee  simple 2  19  1893  28 

Towns  where  to  be  established 1  19  1893  27 

POLL  TAX— 

Clerk  to  collect  tax 36  25  1891  15 

County  assessor  to  make  poll  tax  lists 36  25  1891  15 

Payment  of  poll  tax  not  a  requisite  for  voting. ...  2  2  1893  2G 

REAL  ESTATE— 

School  districts  can  take  and  hold  property 39  25  1891  15 

Site  not  to  exceed  one  acre  (proviso) 39  25  1801  15 

Title  by  condemnation 40  25  1891  IG 

Validity  of  transfers  made 1  15  1893  27 

SCHOOL  BOOKS— 

Adoption  by  Territorial  Board  of  Education 1  64  1891  17 

Contracts 1  64  1891  17 

Exclusivepower  of  Territorial  Board  of  Education  4  64  1891  18 

Monthly  settlements  of  accounts 2  64  1891  17 


Index.  41 


SCHOOL  BOOKS  -CONCLUDED.  see.  chap. 

Penalties 4  64 

Recommendation  of  school  books 7  25 

Report 2  G4 

Sale  of  books  for  cash 2  64 

Supply 2  64 

Time  limit  of  books 3  64 

SCHOOL  DIRECTORS— 

Certificate  of  election 19  25 

Contracts  to  be  made  for  amounts  above  $200 26  77 

Duties .* 20  25 

Election 19  25 

Election  of  chairman 20  25 

Election  of  clerk 20  25 

Election  for  tax  levy 22  25 

Employment  and  pay  of  teachers  (proviso) 22  25 

Enumeration  (proviso) 22  25 

Estimate  of  expenses 22  25 

Hours  of  election 19  25 

Notice  of  election 19  25 

Oath  of  directors 19  25 

Penalties 22  25 

Persons  who  can  attend  schools  (proviso) 22  25 

Powers 21  25 

Qualification  of  voters 19  25 

Report  of  clerk  (proviso) 22  25 

Special  tax  for  sinking  fund  (proviso) , 22  25 

Tax  levy 21  25 

Teachers'  wages 21  25 

Vacancies  how  to  be  filled 20  25 

Validity  of  transfers  made 1  15 

Warrants  not  to  be  in  excess  of  one  year's  levy 

(proviso) 22  25    1891     10 

SCHOOL  DISTRICTS— 

Boundaries.    (See  Board  Boundary  Commission.) 

Certificate  of  enumeration  (proviso) 41  25 

Contiguous  communities  may  form  school  district  41  25 

Division  of  assets  and  liabilities 18  25 

Each  school  district  to  be  a  body  corporate 17  25 

Establishment  of  school  districts 16  25 

Formation  of  new  school  district 18  25 

Procedure  for  forming  new  school  district 14  25 

School  district  can  borrow  money 28  25 

Studies  to  be  taught 16  25 

Validity  of  property,  transfers  made 1  15 


Year  Page 

1891 

18 

1891 

6 

1891 

17 

1891 

17 

1891 

17 

1891 

18 

1891 

9 

1891 

23 

1891 

10 

1891 

9 

1891 

10 

1891 

10 

1891 

10 

1891 

11 

1891 

11 

1891 

10 

1891 

9 

1891 

9 

1891 

9 

1891 

11 

1891 

11 

1861 

10 

1891 

9 

1891 

11 

1891 

10 

1891 

10 

1891 

10 

1891 

10 

1893 

27 

1891 

16 

1891 

16 

1891 

9 

1891 

9 

1891 

9 

1891 

9 

1891 

8 

1891 

12 

1891 

9 

1893 

27 

42  Index. 


SCHOOL  FUND—  See.  Chap.  Year  Page 

Advertisement  and  sale  of  bonds 29  25  1891  13 

Amendment  of  Sec.  13,  Chap.  25,  Law  1891 1  77  1891  18 

Application  of  sinking  fund  (proviso) 30  25  1891  13 

Apportionment 24  25  1891  12 

Apportionment  by  county  school  superintendent.  13  25  1891  7 

Bond  of  county  treasurer 25  25  1891  12 

Bond  of  Territorial  Treasurer 26  25  1891  12 

Bonds  to  be  submitted  to  voters 29  25  1891  13 

Bonds  not  sold 29  25  1891  13 

Building  bonds  (proviso) 29  25  1891  13 

Duty  of  tax  collector 27  25  1891  12 

Denomination  and  time  limit  of  bonds 29  25  1891  13 

Exemption.     (See  Exemption  from  Taxation.) 

Form  of  bonds 29  25  1891  13 

Fund  to  be  paid  to  county  treasurer 1  77  ]891  18 

Former  Indebtedness.    (See  Adjustment.) 
Gaming.     (See  Gaming  Licenses.) 

How  to  be  expended.. 24  25  1891  12 

Interest  on  bonds 28  25  1891  12 

•  Levy  for  school  purposes 31  25  1891  13 

Limit  of  indebtedness 28  25  1891  13 

Lowest  selling  price  of  bonds  (proviso) 29  25  1891  13 

No  funds  where  school  has  not  been  taught  for  at 

least  three  months  (proviso) 13  25  1891  7 

Penalty  of  tax  collector 27  25  1891  12 

Proceeds  of  &ale  of  bonds 29  25  1891  13 

Requisites  necessary  to  bond  issue 32  25  1891  14 

School  districts  can  borrow  money 28  25  1891  12 

School  tax 24  25  1891  11 

Sinking  fund  levy 30  25  1891  13 

Temporary  funds.     (See  Temporary  Funds.) 

Time  limit  of  school  bonds 28  25  1891  12 

Time  limit  of  sinking  fund  levy  (proviso) 30  25  1891  13 

Territorial  Auditor  to  keep  separate  account 27  25  1891  12 

SCHOOL  MONTH— 

Length  of  day 44  25  1891  17 

Length  of  month 44  25  1891  17 

SCHOOLS   NON-SECTARIAN 27  77  1891  23 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Annualreport 9  25  1891  0 

Appointment .* 3  25  1891  5 

Archive 6  25  1891  6 

Blanks  and  forms 8  25  1891  6 


Index.  43 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 

— CONCLUDED.  See.  Chap.  Year  Paj?e 

Delivery  of  office  to  successor 10  25  1891  7 

Oath 5  25  1881  6 

Office 10  25  1891  6 

Publication  of  school  laws 8  25  1891  6 

Recommendation  of  text  books 7  25  1891  6 

Salary 3  25  1891  5 

Secretary  Board  of  Education 2  25  1891  5 

Term 3  25  1891  5 

To  hold  teachers'  institute 6  25  1891  6 

Traveling  expenses 3  25  1891  5 

Visits. 6  25  1891  6 

TEACHERS'— 

Amendment  of  Sec.  1  Chap.  XII,  Laws  1889 1  10  1893  27 

Diplomas.     (See  Diplomas.) 

Directors  to  employ  teachers'  (proviso] 22  25  1891  11 

Examination.  See  County  Board  of  Examiners. 

Knowledge  of  Spanish 13  25  1891  8 

Penalties  for  not  keeping  record ; 23  25  1891  11 

Record  of  school 23  25  1891  11 

Studies  to  be  taught 16  25  1891  9 

Term  report 23  25  1891  11 

Wages  to  be  paid  by  school  directors 21  25  1891  10 

Warrants  to  be  signed  by  two  directors 23  25  1891  11 

TEACHERS'  NORMAL  INSTITUTE— 

Expenses,  how  to  be  defrayed 4  50  1893  34 

Length  of  time 2  50  1893  34 

Objects 1  50  1893  34 

Supt.  of  Public  Instruction  to  hold  institute 6  25  1891  6 

Supervision 1  50  1893  34 

Time  and  places  2  50  1893  34 

Tuition  free 2  50  1893  34 

TEMPORARY  FUNDS— 

Amended 35  25  1891  14 

Amount  to  be  paid  to  county  treasurer 1  59  1893  34 

Fines 1  59  1893  34 

Forfeitures 1  59  1893  34 

Intestate 1  59  1893  34 

Liquor  licenses 1  59  1893  34 

Lost  and  Estrays 1  59  1893  34 

Notification  to  county  school  superintendent 2  59  1893  34 


44  Index. 


i 


TERRITORIAL  BOARD  OF  EDUCATION-  Sec.  chap.  Year  Page 

Meetings 1  25  1891  5 

Payment  of  expenses 2  77  1891  18 

President 2  25  1891  5 

Secretary 3  25  1891  5 

Text  book.    See  School  Books. 

TRANSFER  OF  SCHOOL  PROPERTY  - 

Validity  of  transfers  made 1     15     1893    21 

UNITED  STATES  STATUTES— 

Teaching  of  physiology  and  hygiene  in  reference 

to  alcohol  and  narcotics 30 


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